Before any person, firm, company, corporation or entity, including a utility company, shall perform any regulated activity, it shall first obtain a permit for such work from the Department of Technical Services. Such application shall include a construction plan and other information deemed important by the Department of Technical Services. The fee for such permit shall be as provided in Chapter
215, Fees, payable when the permit is issued. The permit shall be valid for a period of one year from the date of issuance, and all work shall be fully complete before the permit expires.
[Amended 7-25-2016; 4-20-2020
A. The application for such permit shall be upon a form provided by
the Department of Technical Services, Part A, Registration of Contractors,
and Part B, Type of Construction and Location.
B. Registration of Contractors and Requirements: Part A.
(1) Any contractor or individual who performs any construction activity,
including the installation of driveways and sidewalks within any Town
of Plainville right-of-way, shall be registered with the Town of Plainville
prior to commencing any such activity. Only licensed contractors,
licensed individuals, governmental agencies or public service companies
can be registered. Registrations shall be valid from January 1 to
December 31 of each calendar year. Each calendar year all contractors
or individuals shall renew their registration.
(2) Registration forms may be obtained in the Town's Engineering
Department or on the Town's website. The requirements to become
a registered contractor or individual shall be as follows:
(a)
Complete and submit a registration form along with a fee of
$50 to the Town of Plainville;
(b)
Homeowners will not be able to register as a contractor. Only
licensed professionals will be permitted to register as contractors.
Licensed professionals are those contractors and/or individuals that
hold and maintain a P1, P7, P-9 or HIC license in the State of Connecticut.
Contractors and/or individuals holding and maintaining licenses from
other states are not eligible;
(c)
The contractor and/or individual shall supply the Town an insurance
surety bond with a power of attorney, certified check, passbook account
for $10,000 and a $2,500 cash bond. The surety bond shall be on an
approved form. All bonds shall be effective/valid for two or more
years after issuance; and
(d)
Provide a certificate of insurance. Coverage shall be effective
for the entire calendar year with the following coverage:
[2]
Contractor liability.
[b] Products completed ops aggregate.
[c] Personal injury advertising.
[d] Each occurrence: $1,000,000.
[3]
Automobile liability.
[a] Bodily injury and property damage combined single
limit.
(3) All insurance certificates shall be from carriers authorized to conduct
business in the State of Connecticut having an A.M. Best Rating of
A- or higher. The applicant agrees to hold harmless, indemnify, protect
and defend the Town of Plainville, its agents, servants and employees
from any liability for injuries and damages to the contractor, its
employees, agents, subcontractors, guests, third parties and incidents
to or resulting from any and all operations resulting from the contractor's
activities. The limits of the coverage shall be set by the Town's
Insurance Commission. Insurance coverage shall be maintained until
the Town completes the final restoration or one year after the completion
of the work, whatever happens first.
(4) Public utility companies shall not be required to post bonds if contrary
to the Department of Energy and Environmental Protection regulations.
Public utilities shall be billed directly for the actual cost incurred
by the Town resulting from deficient work.
C. Type of Construction and Location Requirements: Part B. Registered
contractors or individuals shall describe the type of construction,
location and estimate the magnitude of the impacted area on a form
provided by the Town's Engineering Department or the Town's
website. A supplementary bond amount will be required for activities
in which the impact will exceed more than 100 linear feet. The supplementary
bond value will be calculated as follows: for each additional 100
linear feet of right-of-way disturbed or any part thereof, an additional
$2,500 will be required.
D. Permanent restoration fee process.
(1) The permanent restoration of all excavations and utility trenches
in any roadway maintained by the Town of Plainville shall be completed
by the Town of Plainville and/or contractor retained by the Town of
Plainville. All contractors working within the Town of Plainville's
right-of-way shall secure a street opening permit prior to any construction
activities occurring within the Town's right-of-way and notify
the Town of Plainville not less than 48 hours prior to commencing
any excavation.
(2) At the time of issuance of the street opening permit, the permittee
shall deposit a fee equal to the estimated cost of the permanent trench
restoration plus 10%. The prepaid fee shall be calculated utilizing
units and corresponding prices set by the Town of Plainville. Annually,
the Town of Plainville shall set the yearly unit cost for construction
items and activities related to trench pavement restoration. A schedule
of these units and related costs will be attached to the street opening
permit to assist the permittee in determining the value of the prepaid
restoration fee. The unit costs will be determined utilizing past
unit costs and/or annual bid(s) received for permanent trench pavement
restoration.
(3) The contractor or individual shall estimate the costs related to
the permanent trench restoration. Calculations shall be attached to
the street opening permit application. Upon submission of the permit
application, the Town will evaluate the contractor's estimate,
determining whether it's reasonable and acceptable or adjust
the units and/or costs accordingly.
(4) The trench restoration dimensions shall be estimated based on the
length and width of the impacted area. The width shall be estimated
as follows: pipe diameter plus 24 inches plus 12 inches for every
average trench depth in excess of four feet. Example width calculation:
installation of six-inch pipe at an average depth of five feet: 6
inches + 24 inches + 12 inches = 42 inches or 3.5 feet.
(5) The contractor or individual shall be responsible to install, repair
and maintain a transitional patch for a period up to one year after
the completion of construction. The intent is that the transitional
patch will experience one winter season. During the period between
the installation of the transitional patch and commencing the process
to complete the permanent patch, the permittee shall promptly correct
all defects upon order of the Town of Plainville. Failure to promptly
act shall result in damage claims resulting from the defect and any
costs incurred by the Town to rectify the matter. Any Town-incurred
costs will be taken from the cash bond posted with the registration
form. The contractor's or individual's contractor's
registration will be suspended until the posted cash bond is replenished
to $2,500. Multiple infractions (three or more in any eighteen-month
time) may result in a temporary or permanent suspension of the contractor's
or individual's registration.
(6) Upon completion of the permanent trench restoration, the actual work
activities shall be measured, and final costs tallied. The actual
final cost will be compared to the prepaid estimated cost. Should
the final cost exceed the prepaid estimate, the contractor shall be
billed the difference. Failure to reimburse the Town for any billed
additional costs within 30 calendar days will result in forfeiting
those funds from the cash registration bond and suspension of the
ability to secure future permits until the cash bond is replenished.
Should the owed value exceed the cash bond and the contractor fails
to reimburse the Town the additional amount, the Town will invoke
any and all penalties as prescribed by law. No permits shall be issued
until the cash bond is replenished.
(7) The Town shall maintain records of all issued street opening permits.
Such records may include the date the street opening permit was issued,
contractor or individual's contact information, location and
extent of the construction activities, dates the contractor/individual
notified the Town when construction was to commence and temporary
pavement was installed, value of the prepaid restoration fee and actual
cost of the restoration.
[Amended 7-25-2016; 4-20-2020
A. Whenever it is necessary to excavate or trench under or in the vicinity
of a public sidewalk, whether stone, bituminous concrete or concrete,
a temporary walkway shall be maintained. At the close of each workday,
the sidewalk shall be restored in such a manner as to render the walk
safe for public use. Upon the completion of construction activities,
the applicant shall provide a transitional sidewalk restoration. The
intent of the transitional surface restoration is a semipermanent
surface, bituminous concrete, that would experience a winter season
prior to final restoration. Such surface would be maintained by the
permittee for a period up to one calendar year.
B. The transitional sidewalk restoration shall be completed within 30
calendar days of finishing the excavation. The sidewalk materials
and installation method shall be in accordance with the regulations
of the Planning and Zoning Commission.
[Amended 7-25-2016; 4-20-2020
Whenever it is necessary to disturb or remove the roadway curbing,
the permittee shall be required to temporarily replace or repair the
curbing with bituminous concrete.
Listed below are exceptions to the above-noted restoration requirements:
A. The Department of Technical Services may waive the provisions or
part thereof of this article if the permitted work is being done in
conjunction with future Town roadway reconstruction activities.
B. The permittee shall be required to provide funds for an overlay of
the entire roadway width at a thickness of 1 ½ inches of bituminous
concrete if the area of the permanent restoration exceeds 1/3 of the
total area of the roadway.
[Amended 7-25-2016; 4-20-2020]
[Amended 4-20-2020]
The Director of Technical Services may delegate to any servant,
agent or employee of the Town of Plainville any or all of the duties
and functions imposed upon the Department of Technical Services by
this article and may authorize such person or persons to carry out
such duties and functions as he may from time to time assign. Wherever
the words "Department of Technical Services" are used in this article,
they shall be construed to include such Director and such servants,
employees or agents designated.