[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted by the STM 10-25-1999]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory.
Any person (See definition.) doing business subject to this
article, either as principle contractor or as a subcontractor.
The town engineer of the town.
All surfaces installed and designed to carry or guide vehicular
or pedestrian traffic.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The individual authorized to supervise the maintenance of
the town roads.
The entire right-of-way width of any dedicated or other legally
acquired public highway situated in the town.
No person shall make any excavation, trench or otherwise alter,
open or remove the surface of any road or highway or reconstruct,
repair or alter any curb, curb cut, driveway, road or road drainage
in the Town of Bethany until a permit has been obtained from the Road
Foreman or his authorized agent. The Bethany Department of Public
Works, its agents and contractors shall not be required to obtain
a permit when working on a road or highway in the Town of Bethany.
Application for a road excavation permit shall be made on forms
provided by the Road Foreman.
A.
The application shall include the following information:
(1)
The location of the work area.
(2)
A description of the work to be done.
(3)
The name, address and signature of the party doing the work.
(4)
The name, address and signature of the party for whom the work is
being done.
(5)
The name and address of the owner or agent in charge of all properties
abutting the work area.
(6)
Estimated cost of the work.
(7)
Estimated starting time and duration of the work.
(8)
A fee to the Town of Bethany in the amount established by resolution
of the Board of Selectmen.
B.
The Road Foreman may require detailed plans and specifications and
other engineering to be submitted with the application where he shall
deem the same to be necessary information for the issuance of a permit.
The Road Foreman shall approve a permit hereunder when he finds:
A.
That the plans for the proposed work meet the standards for this
article as determined by the Road Foreman and, if appropriate, the
Town Engineer.
C.
That the operation will not unreasonably interfere with vehicular
and pedestrian traffic, the demand and necessity for parking spaces
and the means of access to the properly affected and adjacent properties.
A.
Pursuant to § 165-2 of this chapter, approved permits shall not be delivered to the permittee until all of the following are delivered to the Office of the First Selectman:
(1)
A certificate indicating public liability insurance coverage of the
permittee of not less than $500,000 liability for one person, $1,000,000
liability for one accident and $500,000 property damage with the Town
of Bethany included as an additional named insured.
(2)
A performance bond with surety in the minimum amount of $1,000 and
in greater amounts if required by the Road Foreman, said performance
bond to be in an amount in relation to the estimated cost of the work
to be done, as determined by the Road Foreman. All bonds shall be
in the form of certified checks made out to the Town of Bethany or
passbook pledges in the name of the Town of Bethany.
B.
All such bonds and insurance coverage required by this section shall
be for the period of one calendar year and renewals. Evidence of such
bond and insurance coverage shall be in form and in companies or sureties
satisfactory to the Town Counsel.
Permits issued under this chapter shall expire one year after
approval unless the Road Foreman deems a shorter period appropriate.
The permittee agrees as a condition of the permit to save harmless
and indemnify the town, its officers, agents and employees from any
and all liability, damages and costs that may in any manner be incurred
by the town by reason of or in connection with the act or omission
of the permittee, his agents or servants in the performance of the
work under the permit.
By accepting a permit, the permittee shall guarantee to maintain
the permitted work for a period of one year after completion of the
work allowed under this permit. The performance bond shall include
said conditions of maintenance within its provisions.
All operations for which a permit is granted hereunder shall
be subject to the inspection and approval of the Road Foreman.
Any person violating any provision of this article or any regulations
promulgated hereunder shall be fined $50 per day for each provision
of this article thus violated. Each day of such violation shall be
deemed a separate offense.
Any work not completed or not completed in a satisfactory manner
under this article, within three days after notice in writing to the
person taking out a permit for the same, may be completed by the town
and all costs shall be defrayed by calling the bond and expending
the surety posted for the project.
The bond and surety posted for activities allowed pursuant to
this article shall be released only after satisfactory completion
of the work and the end of the maintenance period. A written request
must be made to the Road Foreman for such release. No bond and surety
will be released until one full year has elapsed after completion
of the project and the Road Foreman or, if appropriate, the Town Engineer
determines that the work remains satisfactory.
The Board of Selectmen is hereby authorized and empowered to
adopt or amend by resolution such permit fees, rules, regulations
and specifications for the construction and repair of pavement, driveway
aprons, curbs, curb cuts and trench excavations as may be in the best
interest of the town to effectuate the terms of this section. Said
regulations and any amendments, addenda, revisions, updates and supplements
thereto shall be filed in the Town Clerk's office.
In the event that any part of this article is found to be invalid
by a court of competent jurisdiction, such finding shall not affect
the remaining portions of this article.
