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Town of Monroe, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Monroe 12-4-2008 (Ch. 53 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 232.
Driveway construction — See Ch. 260.
Scenic roads — See Ch. 430.
Standard specifications — See Ch. A601.
The Town of Monroe hereby adopts the following chapter, in accordance with the powers granted by the Town Charter and the Connecticut General Statutes, as amended, in order to ensure the adequate safety and protection of the public and proper operation and maintenance of the Town's public highways, rights-of-way (ROW), easements and other public properties.
As used in this chapter, the following terms shall have the meanings indicated:
CONTRACTOR
An individual, partnership or corporation licensed to perform work in an appropriate trade respective to an application for a highway modification permit. Said contractor shall be approved/accepted (by virtue of compliance with the requirements of this chapter) by the Public Works Director and/or the Town Engineer to work within the jurisdictional limits of the Town streets or other properties as detailed above.[1]
DIRECTOR
The Director of Public Works of the Town of Monroe or individual, partnership or corporation duly appointed by the Town to undertake the duties and exercise the authority herein conferred upon the Director, and also the representatives of said Director when acting within and limited by particular duties and powers assigned to each.
HIGHWAY
An accepted public street, public way or public ROW, easement or other property owned by the Town of Monroe, including the entire width between the street lines or ROW lines.
INSPECTOR
Any person authorized by the Director bearing proper credentials and identification.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No work on any portion of a public highway shall commence until a contractor (or property owner, in the case of a request for resident exemption) has obtained a permit from the Town in accordance with the provisions of this chapter.
B. 
Emergency work may occur, whenever it is essential to public health or safety, without first obtaining a permit. However, immediate notice shall be given to the Police and Fire Departments by the contractor and a permit shall be obtained at the earliest possible time after an emergency excavation, noting that all other provisions of this chapter must be otherwise complied with.
C. 
Work performed as a result of the issuance of a highway modification permit shall comply with all other applicable federal, state and local Town codes, ordinances, standards, regulations, notices, resolutions and requirements (including local building and plumbing codes), noting that it is solely the responsibility of the applicant to meet other applicable requirements and obligations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Town will make available to the contractor the Town's specifications and standard details, the required performance bond form and liability requirements for all work to be performed, including but not limited to the following: trenching, filling, excavation, utility installation, restoration, stabilization, backfilling, temporary maintenance and resurfacing of the highway.
B. 
The contractor shall be protected by and shall pay premiums for policies of insurance satisfactory to the Town. Said policies shall provide insurance for the contractor against liability in the minimum amounts of $500,000/$1,000,000 for personal injury and $50,000/$100,000 for property damage. Said policies must be issued by an insurance company licensed in the State of Connecticut, noting that verification of special coverage for blasting shall be provided when applicable/needed. All insurance policies shall designate the Town of Monroe and its agents as additional insured. The contractor shall also carry workers' compensation insurance in the amount of statutory limits. Certificates of insurance shall be provided to the Town.
C. 
The contractor shall provide a performance bond in an amount to be determined by the Director for the faithful performance of the work contemplated, and said bond shall be issued by an approved surety company licensed in the State of Connecticut. It shall be for a minimum amount of $5,000 and may be increased on larger projects in an amount as required by the Director. The bond must be in force from January 1 to December 31 and shall cover any work/activities undertaken by the contractor until the expiration of the guaranty period for that project. The guaranty period shall be for six months from the completion of the temporary patch and/or initial work activities.
A. 
The contractor or his agent shall under no circumstances start work on a Town highway or Town property until the requirements of this chapter are satisfied and the required permits are obtained. Said permits are to be available for inspection by the Director or his agents at the site of the work, during its continuance.
B. 
At least one-way traffic shall be maintained in the Town roads at all times. However, the Traffic Authority may, in writing, permit the temporary closing of a road, in which case the contractor shall, prior to such closing but after receiving permission from the Traffic Authority, notify the Public Works Department, Police and Fire Departments, First Selectman and the Board of Education to advise of the location and approximate duration of such closing. The same notifications shall also be provided when the road is reopened to traffic. A traffic control person or police officer, as required by the Police Department, shall be provided at the contractor's expense when fewer than two lanes of traffic are maintained or when necessary or advisable in the opinion of the Police Department. Notification to the Board of Education shall be provided when any work is in the vicinity of a public school.
C. 
Adequate barricades, detour signage, lights and red flags shall be erected and maintained at the contractor's expense in the street until all work is completed.
D. 
The contractor shall schedule all work for a normal workday so that the work may be inspected. Arrangements shall be made in advance with the Director when work is to be done outside of the normal workday, and the contractor shall pay for any overtime inspection costs. The contractor shall give the Director 48 hours' notice before any work is to begin, except in the case of an emergency.
E. 
All work performed under the provisions of this chapter shall be subject to the inspection and approval of the inspector.
F. 
The contractor shall provide safe and practical access for inspection at all times during the course of the construction.
G. 
The contractor shall pay all costs to repair any and all damage to curbs, sidewalks, roadway pavement, utilities, mailboxes, driveways, trees, plantings (including seasonal growth), signs, drainage facilities and any other items within the Town highway/property, whether said items are privately owned or owned by the Town.
H. 
If, in the performance of the work, any property marker, highway bound or control point is disturbed or destroyed, it shall be replaced at the contractor's expense by a land surveyor licensed to practice in the State of Connecticut. Verification of replacement or alteration (resetting) shall be furnished to the Town in the form of an updated drawing (mylar) certified by the aforementioned surveyor.[1]
[1]
Editor's Note: Original § 53-5.9, which immediately followed this subsection and referenced former Ch. 53, Excavations, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The application for a permit shall be on a form provided in the Public Works Department and shall include the following information or any other information as may reasonably be required by the Director:
(1) 
The exact location of the proposed work, including location in relationship to nearest streets and/or intersections.
(2) 
The purpose of the proposed work/activity.
(3) 
An estimate and sketch (including dimensions) of the anticipated area of the excavation showing the area dimensioned in square feet.
(4) 
The date and time when the work will commence and the period within which the work will be completed.
(5) 
The name, address, telephone number, fax number and e-mail address of the contractor.
(6) 
The names, addresses, telephone numbers, fax numbers and e-mail addresses of persons who may be contacted in case of emergency or after regular working hours.
B. 
The application shall be accompanied by a permit fee.
A. 
All permits are subject to compliance with Chapter 260, Driveway Construction, of this Code, Rules and Regulations for Highway Modification (as established by the Public Works Department), and adopted (current) Fee Schedule for Highway Modification.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Said rules and regulations are available in the Public Works Department and shall be regarded as additional requirements for all work subject to this chapter.
A. 
A permit fee shall be determined prior to issuance of permit. Determination of the specific fee, which will vary contingent on the extent of the proposed work, will be based on the following categories:
(1) 
Off pavement: this is for all work within the Town ROW/property that does not involve direct disturbance of the roadway pavement cross section but will affect the shoulder area.
(2) 
One-half roadway width: this is for a typical utility patch anticipated to be five feet in width for a distance of up to 1/2 the existing roadway width.
(3) 
Entire roadway width: same as above, only the entire width of the existing roadway.
(4) 
Longitudinal work: this involves all other applications where work is within the existing roadway, but includes a varied disturbance to the extent of limits beyond the above-detailed categories.
B. 
A schedule of permit fees, respective to the above categories, will be recommended as a fee schedule by the Town Engineer, proposed by the Director, accepted by the First Selectman and approved by the Town Council.
C. 
Established fees for each of the categories are based on an average patch width required for the installation of one utility/application. Accordingly, additional utilities within the same trench and/or other conditions which are anticipated to dictate a wider patch will require additional and/or separate permits even though the end result may be one contiguous roadway patch.
D. 
The permit fee is only refundable upon receipt of written notification to the Director that work has not been started and has been canceled. Future work of any kind at the same location will require a new permit and fee. Said notification shall include the permit number and location. A processing fee of $30 will be deducted from all reimbursements.
E. 
Portions of the permit fee will not be refunded in situations where the final work does not extend to the proposed limits of the issued permit.
F. 
In situations where work needs to be extended beyond the originally proposed limits, the applicant/contractor shall notify the Director, in writing, and pay an additional fee that, when added to the original fee, will equal the fee required for the newly determined category respective to anticipated work. No new permits will be issued until the outstanding permit fee is paid in full.
G. 
The contractor is responsible for the installation of the temporary patch and maintenance of the same in accordance with this chapter. The Town or its agent will perform all work to provide a permanent pavement patch unless a waiver from this requirement (and respective fee) is granted.
A. 
Any contractor who violates any provision of this chapter or the rules and regulations issued by the Director shall be liable to the Town for any expense, loss or damage which may be caused to the Town highway or property by reason of such violation.
B. 
The Director may refuse to issue any permits to a contractor who is in violation of any provisions of this chapter or the rules and regulations issued by the Director until such time as satisfactory compliance is obtained.
C. 
All permits expire and are deemed void 30 days after the date of issuance if the contractor does not perform any work prior to that time. When a permit becomes void, it is the responsibility of the contractor to reapply and obtain a new permit before any work is performed.
D. 
The cancellation of the bond or insurance shall automatically void any permit which has been issued.
A. 
The following may make a written request to the Director to waive the performance bond and permit fee (processing fee still applies), provided that they provide written verification of bonding with the Secretary of the State, as required per Connecticut General Statutes § 16-230, and agree to conform to all other requirements of this chapter and/or the rules and regulations issued by the Director in addition to any conditions imposed by the Director:
(1) 
Utility companies.
(2) 
Contractors performing work directly for utility companies (the utility company must cosign the application).
(3) 
Contractors performing work directly for the Town (Town projects and/or contracts).
(4) 
Contractors or developers working on subdivisions or other developments approved and bonded by the Town Planning and Zoning Commission (PZC) and/or the Town Inland Wetlands Commission (IWC).
(5) 
Individual Town resident, working without any assistance from a separate entity, through the "Property Owner Waiver Arrangement" (form available in the Public Works Department). A Property Owner Waiver Arrangement allows for work to be performed by a resident, as long as the work does not include the use of labor and/or equipment not specifically/solely owned, operated and maintained by said resident (property owner and occupant of the house to which the location of the work/permit applies). A waiver shall not apply if the equipment or provided labor is part of a commercial business, whether owned by the property owner or not.
B. 
Utility companies are required to maintain temporary patches and, within six months of the installation of the temporary patch and after a proper settling period, install the permanent patch to conform to requirements of this chapter and/or the rules and regulations issued by the Director.
C. 
A processing fee of $30 will be charged for all permits utilizing this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The following shall be exempted from the provisions of this chapter, contingent on acceptance by the Director:
A. 
Work duly authorized by the Town officials and performed by Town employees as a function of their assigned duties and responsibilities.
B. 
Aboveground work performed by public utility companies to install, maintain, repair or replace service lines and/or utility poles.
C. 
Work involving adjustment of valves, hand holds, manholes and other structures or devices which in the opinion of the Director require no significant amount of excavation or disturbance.
D. 
Work performed under the control and supervision of the State of Connecticut.
E. 
Minor repairs by respective property owners to curbing, planting areas, sidewalks, mailboxes, driveways or other small areas within the ROW but off the roadway pavement.
Provisions of this chapter in effect at the time of issuance of a permit will remain in force until such time that all outstanding requirements have been adequately addressed.
A. 
The installation of driveways (including driveway aprons) within the Town ROW requires the posting of a cash deposit of $500 for each location, in addition to a nonrefundable processing fee of $30. Said cash deposit shall be in the form of cash or check made payable to the Town of Monroe.
B. 
Cash deposits will be reimbursed (with no interest) to the applicant upon written request once work has been adequately completed.
C. 
In the case where a certificate of occupancy is being requested and conditions do not allow for completion of the driveway apron, an additional deposit of $1,000 for each location shall be provided.
D. 
The posting of cash deposits is in addition to all other requirements relative to bonding and insurance as set forth in this chapter.
E. 
All work shall be in accordance with Chapter 260, Driveway Construction, §§ 260-1 through 260-10 of this Code.
F. 
A processing fee is required for the purpose of driveway construction.
G. 
The highway modification permit bonding is not required for the repaving of existing driveways. However, all other insurance and permit fees (processing fee) shall apply.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).