[Amended 7-25-1989; 5-10-2005; 4-10-2014]
No person shall lay in any public street any new curb or walk
or driveway or combined curb and gutter or relay any existing curb
or walk or driveway or combined curb and gutter, unless such person
shall be licensed as a curb, driveway and walk layer as provided in
this article, but the provisions of this article shall not prevent
the making without such license of minor repairs to an existing curb
or walk or driveway or combined curb and gutter by the owner of the
property in front of which such curb or walk or driveway or combined
curb and gutter is located, or by such owner's agent. For purposes
of this article, the term "driveway" shall mean any vehicular travelway
serving one or more parcels of property other than a public street.
[Amended 10-7-2019]
The Director of Community Development may issue a license required by § 155-14 to any person believed by the Director to be entirely suitable and competent, who shall apply on forms provided for this purpose and shall comply with the conditions governing said license. The fee for issuance of a license shall be $50.
[Amended 10-7-2019]
A.
Every person making application for a license as a curb, driveway and walk layer required by § 155-14 must file with the Director of Community Development and maintain during the duration of said license a public liability insurance endorsement describing coverage for any activity within the rights-of-way of the Town of West Hartford, including but not limited to excavation, grading, modification of the Town's existing infrastructure and installation of extensions or improvements thereto and a satisfactory bond of a surety company authorized to do business in the Town in the sum of $10,000, conditioned substantially that:
(1)
The applicant shall indemnify and save harmless the Town and the
Director and agents from all suits and actions of every name and description
brought against the Town or any officer of the Town for or on account
of any injuries or damage received or sustained by any person in consequence
of or resulting from any work performed by the applicant, the applicant's
servants or agents or of or from any negligence in guarding said work
or of or from any act or omission of the applicant, the applicant's
servants or agents.
(2)
The applicant shall faithfully perform the work in all respects and
shall also replace and restore that portion of any street in which
the applicant, the applicant's servants or agents shall make excavation
to as good condition as that in which the same was before the work
was performed.
B.
The applicant shall state in the application the applicant's actual
place of business, together with the name under which the business
is done and shall notify the Director of Community Development of
any change in either thereafter.
A.
Each applicant for a license required by § 155-14 shall comply in all respects with the rules and regulations established by the Director of Community Development relative to such work and with the terms of the permits which may be issued by the Town Engineer and shall also pay all fines imposed for violation of any such rule or regulation.
[Amended 10-7-2019]
B.
The applicant shall give personal attention to the work done under
the license and shall employ thereon none but competent workers.
[Amended 10-7-2019]
Whenever, in the opinion of the Town Engineer, any curb, driveway and walk layer licensed as required by § 155-14 violates any of the provisions of this article or the rules, regulations and specifications adopted by the Director of Community Development, the Town Engineer shall report the same to the Director, and if the Director shall find that the charges are well founded, the Director may suspend or revoke the license of such curb, driveway and walk layer.
All licenses required by § 155-14 shall expire on December 31 next following their date of issue, unless sooner revoked.
No person may commence any new work upon any street or driveway
until such person has obtained a permit from the Town Engineer for
doing such work. The fee for issuance of a permit shall be $50 per
location.
A.
Applications for permits required by § 155-20 must be made on forms provided for this purpose and must be signed by the curb, driveway and walk layer or authorized agent. Such forms shall specify the ownership and location of the property where the work is to be done. Where the work involves construction or reconstruction of a private driveway, the property owner shall also sign the application. The application shall contain an agreement to be signed by the curb, driveway and walk layer that said curb, driveway and walk layer: (1) will do the contemplated work in accordance with this article, the rules and regulations of the Director of Community Development and the Town specifications pertaining to such work within the public street right-of-way; and (2) will indemnify and save harmless the Town from all damage caused by the curb, driveway and walk layer's acts or omissions while acting under the permit applied for.
[Amended 10-7-2019]
B.
All applications for permits required by § 155-20 shall be submitted to the Town Engineer. Where the work involves construction, modification or reconstruction of a private driveway, the Town Engineer shall refer such application to the Zoning Enforcement Officer for the purpose of ensuring that the driveway complies with the requirements of Chapter 177 of this Code of Ordinances.
The permit required by § 155-20 must be on the grounds during the continuance of the work for which it was issued and must be shown to all authorized persons when required.
[Amended 10-7-2019]
The Director of Community Development or authorized agents shall
supervise and inspect the construction of all new curbs, walks, combined
curbs and gutters and all other work of a similar nature laid within
the public street right-of-way under the provisions of this article,
but such supervision and inspection shall not relieve the contractor
from any obligation to perform the work strictly in accordance with
the rules, regulations and specifications of this article or established
under same or from responsibility which the contractor is expected
to assume.
[Amended 10-7-2019]
The contractor shall guarantee to the Town any work performed
within the public street right-of-way by said contractor under the
provisions of this article for a period of one year after completion
against any failure caused by defective materials or defective work
and will make good at the contractor's own expense such defects, if
so ordered, to the satisfaction of the Director of Community Development.
[Amended 10-7-2019]
The Director of Community Development is authorized and empowered
to adopt, from time to time, such rules, regulations and specifications
for the conduct of the work provided for by this article within the
public street right-of-way as he or she may deem for the best interest
of the Town, subject, however, to the approval of the Town Council.
