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:
APPLICANT
One who has submitted an application for a permit.
CAO
The Chief Administrative Officer of the Town or his or her
designee.
PAVING
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.
PERMIT
A driveway permit or excavation permit.
PERMIT HOLDER
One who has been granted a permit under this article.
PUBLIC UTILITY
Any private or municipally owned water, gas, telephone, telegraph,
electric, sewer, and railroad company or department thereof.
STREET
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.
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.
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.