[Adopted 10-7-1963 as Ch. 22, Art. II, of the 1963 Code]
[Amended 9-15-1980]
The City Council may adopt from time to time
such rules, regulations and specifications for the conduct of work
incidental to the excavation of streets and sidewalks in the City
as it may deem for the best interest of the City.
[Amended 9-15-1980; 10-21-1996; 6-19-2000]
A.
No person shall make any excavation in or dig below
the surface of any street, roadway or sidewalk, do any work in or
on, or close any or obstruct any portion thereof for such purposes
unless he has first obtained a permit to do so issued by the office
of the City Engineer.
B.
In the event that a street or roadway or any portion
thereof is going to be closed, the permit shall be issued at least
48 hours in advance of said closure.
[Amended 9-15-1980]
No permit shall be granted to excavate in any
paved or macadam-surfaced roadway in the City until an application
signed by the party seeking a permit therefor has been made in writing
to the Department of Public Works, stating fully the location and
purpose for which such excavation is to be made and agreeing to pay
all costs of making and refilling the opening, to replace the pavement
or road surface in a manner satisfactory to the Department of Public
Works, to be responsible for all damage which may arise from such
opening or work connected therewith and to hold the City harmless
therefrom.
A.
No permit to make any excavation shall be granted
unless or until there has been deposited with the Engineering Division
of the Department of Public Works a bond in the form of a performance
bond, certified check, or cash, or in such other form as may be approved
by the Corporation Counsel, in the amount of $1,000 for a trench of
not more than 30 feet in length. In the event that an excavation is
longer than 30 feet an additional sum at the rate of $25 per foot
over 30 feet shall be required. Said bond shall be held for a period
of one year and shall condition the proper performance of said excavating,
backfilling and resurfacing in accordance with this article and City
specifications and shall indemnify the City for any expenses incurred
in refilling the excavations and restoring the pavements to their
former condition.
B.
In the event that more than one permit is issued to
an applicant, the Director of Public Works may waive the posting of
more than one bond to cover the additional permits, provided that
the first bond deposited shall be a continuing bond to cover all work
to be done under the initial permit and under any subsequent permits
to be issued to the applicant during the continuance of said bond.
[Amended 9-15-1980; 10-21-1996]
A.
Every person who makes any excavation in or digs below
the surface of any street or sidewalk shall protect the public against
injury therefrom by providing barriers and warning lights and taking
any other precautions which may be deemed necessary by the Engineering
Division.
B.
The provisions of this section may be enforced by
citation, in addition to other remedies. The citation fine amount
shall be $77. The following persons have authority to issue citations
for violations pursuant to this section: City of Meriden police officer
and/or City Engineer.
[Amended 9-8-1970; 9-15-1980]
Immediately following notification by a permit holder that the backfilling of any excavation and pavement reconstruction or road surfacing has been completed, an inspection by a duly authorized representative of the City of Meriden shall be made to determine whether, in his opinion, the repair has been satisfactorily completed and the reconstructed pavement or road surfacing is equivalent to that existing before the excavation was made. If, in his opinion, the repair has been satisfactorily completed and the reconstructed pavement or road surfacing is equivalent to that existing before the excavation was made, a report to that effect shall be put in the file, and, after sufficient time has elapsed to allow for a settling of said roadway, if the repair still seems to be satisfactorily completed as set forth above, the deposit required by § 180-15 shall be returned, unless it is a continuing bond as set forth in said section.
[Amended 11-14-1966; 9-8-1970; 9-15-1980]
If the backfilling of an excavation is made
in an unsatisfactory manner it shall be remade in accordance with
the directions of the Department of Public Works. If, after a lapse
of 30 days from the first inspection, the work shall be found upon
reinspection by the duly authorized representative of the City still
to have been unsatisfactorily done and the reconstructed pavement
or road surface is declared by such representative not to be equivalent
to that existing before the excavation was made, and if the permit
holder has not furnished the Department with satisfactory reasons
as to why such condition has not been remedied, the Department of
Public Works shall, either with forces under its control or by contract,
have the work properly completed, and the cost of so doing shall be
deducted from the deposit made by the permit holder, and any balance
remaining shall be returned to him. If the cost of repair by the City
exceeds $300, the excess shall be chargeable to such permit holder
and shall be collectible by the City in the same manner that other
debts due the City are collected.
All damage to street mains or service pipes
caused by careless excavating or by negligent backfilling of excavations
shall be chargeable to the person causing the damage, and the expense
of repairing the same shall be collectible by the City in the same
manner that other debts due the City are collected.
[Amended 6-19-2000]
A.
Upon issuance of any such permit as provided for in
this article, the office of the City Engineer shall cause to be issued
to each business or commercial establishment located within 750 feet
of any street or sidewalk which is to be closed as provided for in
the application for such permit a letter notifying such businesses
or commercial establishments of the date and time such street or sidewalk
is to be closed.
B.
In the event that a street or roadway or any portion
thereof is going to be closed, the City Manager's office shall notify
each business owner, commercial establishment or resident located
within 750 feet of the closed portion of street or roadway prior to
said closure.
[Amended 9-15-1980]
Before constructing any part of any underground
conduit system, pipeline or other structure, any person undertaking
such underground construction shall file with the City Engineer for
his inspection and approval detailed plans and specifications showing
the kind of material to be used and the method of construction to
be followed. All such construction shall conform as nearly as is practicable
to such plans and specifications and shall be subject to the supervision
and approval of the City. Upon completion of such work, detailed plans
showing the work as actually constructed shall be filed with the Department
of Public Works.
[Amended 9-15-1980; 10-21-1996]
A.
No person shall construct or maintain any vault, cellarway
or areaway, or any cover, grating or door above the same, in any street
or sidewalk in the City without a permit so to do issued by the Engineering
Division.
B.
The provisions of this section may be enforced by
citation, in addition to other remedies. The citation fine amount
shall be $77. The following persons have authority to issue citations
for violations pursuant to this section: City of Meriden police officer
and/or City Engineer.
A.
Each permit issued under the preceding section shall
be subject to the conditions that the person to whom it is issued
shall be liable to any person who receives actionable injury through
the exercise of such permit and shall be liable to indemnify and reimburse
the City for any loss sustained by it by reason of the issuance of
such permit. Such conditions shall be obligatory upon any person who
shall receive such a permit, without notice other than that to be
implied from this section.
B.
Each holder of such a permit shall file a surety bond,
public liability policy or other form of security satisfactory to
the Department of Public Works in a sum sufficient to indemnify the
City for any liability incurred by it as a result of the issuance
of such permit.
[Amended 9-15-1980]
A.
Any person constructing and maintaining a vault, cellarway
or areaway in a street or sidewalk in the City shall restore the surrounding
surface of such street or sidewalk to its former condition after the
construction work is completed and shall maintain such surface to
the satisfaction of the Engineering Division for a space of two feet
from the outer edges of the frame of such opening.
[Amended 9-15-1980]
B.
No permit shall be issued for such vault, cellarway
or areaway except on condition that the holder thereof will comply
with the provisions of this section.
C.
The provisions of this section may be enforced by
citation, in addition to other remedies. The citation fine amount
shall be $77. The following persons have authority to issue citations
for violations pursuant to this section: City of Meriden police officer
and/or City Engineer.
[Amended 10-21-1996]
No person maintaining a vault, cellarway or
areaway in any street or sidewalk in the City shall uncover such opening
until a suitable cage or guard is placed around it.
