[HISTORY: Adopted by the Town Council of
the Town of Monroe 12-4-2008 (Ch. 53 of the 1976 Code). Amendments noted where applicable.]
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:
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]
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.
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.
Any person authorized by the Director bearing proper credentials
and identification.
A.Â
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.Â
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.Â
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]
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
All work performed under the provisions of this chapter
shall be subject to the inspection and approval of the inspector.
F.Â
The contractor shall provide safe and practical access
for inspection at all times during the course of the construction.
G.Â
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.Â
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]
A.Â
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)Â
The exact location of the proposed work, including
location in relationship to nearest streets and/or intersections.
(2)Â
The purpose of the proposed work/activity.
(3)Â
An estimate and sketch (including dimensions) of the
anticipated area of the excavation showing the area dimensioned in
square feet.
(4)Â
The date and time when the work will commence and
the period within which the work will be completed.
(5)Â
The name, address, telephone number, fax number and
e-mail address of the contractor.
(6)Â
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.Â
The application shall be accompanied by a permit fee.
A.Â
B.Â
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.Â
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)Â
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)Â
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)Â
Entire roadway width: same as above, only the entire
width of the existing roadway.
(4)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The cancellation of the bond or insurance shall automatically
void any permit which has been issued.
A.Â
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)Â
Utility companies.
(2)Â
Contractors performing work directly for utility companies
(the utility company must cosign the application).
(3)Â
Contractors performing work directly for the Town
(Town projects and/or contracts).
(4)Â
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)Â
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.Â
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.
The following shall be exempted from the provisions
of this chapter, contingent on acceptance by the Director:
A.Â
Work duly authorized by the Town officials and performed
by Town employees as a function of their assigned duties and responsibilities.
B.Â
Aboveground work performed by public utility companies
to install, maintain, repair or replace service lines and/or utility
poles.
C.Â
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.Â
Work performed under the control and supervision of
the State of Connecticut.
E.Â
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.Â
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.Â
Cash deposits will be reimbursed (with no interest)
to the applicant upon written request once work has been adequately
completed.
C.Â
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.Â
The posting of cash deposits is in addition to all
other requirements relative to bonding and insurance as set forth
in this chapter.
F.Â
A processing fee is required for the purpose of driveway
construction.
