[Adopted 2-28-1956 by Ord. No. 26]
Within the Town of Farmington no person, firm,
corporation, public utility or public agency shall excavate within
the highway lines of any street or highway under the control of or
maintained by the Town or dig below the surface of any such street
or highway or place any obstruction thereon or install a driveway
or do grading thereon without first obtaining a permit therefor from
the Highway Superintendent or his authorized representative.
The issuance and expiration of such permits
shall be in accordance with the following rules and regulations:
A.
No such permit shall be issued until after receipt
of an application, to be made in writing on forms provided by the
Town and signed by the applicant or his authorized representative.
B.
The fee for every permit issued under the provisions
of this article shall be as determined by the Town Council; provided,
however, that such fee shall be waived in the case of any firm, corporation
or agency which, by charter or franchise, is legally authorized in
the course of its normal activities to make excavations or place obstructions
in the limits of public highways in the Town.
[Amended 7-18-1992]
C.
No permit shall be issued until after the applicant
has deposited with the Town a cash deposit or a corporate surety bond
issued by a surety company licensed to do business in and having a
place of business in the State of Connecticut or other security which,
in the opinion of the Highway Superintendent, constitutes sufficient
guaranty that any excavation made under such permit will be restored
without cost to the Town.
D.
No such permit shall be issued until after the applicant
furnishes the Town Manager or his authorized representative with a
certificate of insurance certifying thereon that the applicant is
covered by liability insurance and that the Town of Farmington is
an assured thereunder for the operations described in the permit,
in the amounts as follows:
[Amended 7-28-1992]
(1)
For all damages, including damages for care and loss
of services, arising out of bodily injury, sickness and disease, including
death, at any time resulting therefrom, sustained by one person in
any one accident: the amount of $100,000.
(2)
A total amount of $500,000 for all damages, including
those for care and loss of services, arising out of bodily injury,
sickness and disease, including death, at any time resulting therefrom,
sustained by two or more persons in any accident.
(3)
For all damages arising out of injury to or destruction
of property of one or more persons or organizations, including the
loss of use thereof, as the result of any one accident, the amount
of $50,000.
E.
Upon the filing of an application and security as
aforesaid and payment of the required fee, the Highway Superintendent
shall cause to be issued, on forms provided by the Town, a permit
specifying the nature and location of the work to be done and the
terms and conditions of such work, which terms and conditions shall
be based upon the requirements within which said work is to be completed,
but such time shall not be longer than one year from the date of said
permit. Notwithstanding such other conditions as may be imposed, it
shall be a condition of each permit issued under this article that
the permittee shall, for a period of one year from the date of issuance
of such permit, unless sooner released from this condition over the
written signature of the Highway Superintendent or his authorized
representative, save harmless the Town of Farmington from any and
all claims for penalties and damages arising from or in consequence
of any work performed by or any act or omission of the applicant under
such permit.
F.
Upon completion of all work specified on the permit,
including the restoration of any excavation and the removal of any
obstruction, the permittee may present his permit to the Highway Superintendent
or his authorized representative, who shall cause such work to be
inspected and, if the work has been completed to his satisfaction
and in accordance with the terms and conditions of said permit, shall
certify thereon as to the completion of said work and the expiration
of said permit.
At the time of the issuance of a permit under this article, an applicant may request that the Town of Farmington perform such work as is necessary to restore any excavation or remove any obstruction which is authorized under said permit and, upon payment by the applicant of a sum which, in the opinion of the Highway Superintendent, will equal the cost of such work, said Superintendent may grant such request and so indicate on the permit. All other conditions of such permit, however, as set forth in § 169-6D above, shall remain in full force and effect for a period of one year from the date of such permit. If the actual cost of restoration or removal is greater than the amount paid by the permittee under this section, the excess amount shall be billed to the permittee by the Town and shall be payable within 30 days. If the actual cost is less than the amount so paid, the balance shall be returned to the permittee by the Town.
The Highway Superintendent or his authorized
representative is empowered to inspect or cause to have inspected,
at any time, any or all work being done or performed under a permit
issued under the provision of this article.
If, in the opinion of the Highway Superintendent,
the public safety and welfare so warrant, he may direct the permittee
to restore any excavation or remove any obstruction within 12 hours
of such notice and, if such excavation is not restored or such obstruction
removed within said period, he may cause such work to be done and
the permittee shall be responsible for the full expense of such work.
All excavations made in any part of any street
or highway under the control of or maintained by the Town must be
barricaded and illuminated with colored lights in such a manner as
to give full warning of their presence and be satisfactory to the
Highway Superintendent of the Town.
A.
None of the foregoing provisions of this article shall
apply to any work performed in connection with the maintenance, repair,
replacement or relocation of existing utility poles owned by any public
service company or to the erection of any temporary protective warning
signs or devices.
C.
Nothing in this article shall be construed to prevent
or unduly delay the making of any necessary excavation or the performance
of any work related thereto by any public service company in the event
of emergency, and, in such cases, such public service company may
proceed with such work without regard for the provisions of this article,
provided that, within a reasonable period of time after the cessation
of such emergency and not longer than 10 days, all provisions of this
article shall become effective with respect to such work.
Nothing herein contained shall be constructed
to relieve any permittee from any obligations or liabilities to the
Town of Farmington or to any other parties which may be imposed upon
him by law.
[Amended 7-28-1992]
Any person, firm or corporation violating any
provision of this article shall be subject to a fine of not more than
$100 for each provision thus violated, and each day such violation
shall continue after notice to the offender shall be deemed a separate
offense.
[Added 3-28-1995]
This article has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 91 of the Farmington Code shall be followed.
