The following words, when used in this Article, shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
PERSON
Includes any natural person, partnership, firm, association, corporation or organization of any kind.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Town of Wethersfield, and shall include sidewalks and driveway aprons.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Town of Wethersfield without first securing a license and a permit therefor, as hereinafter provided.
A. 
All contractors excavating within Town streets shall be licensed. The contractor applying for license shall furnish the Town with a valid insurance certificate completed by his agent or insurer for the minimum amount described as follows:
(1) 
Liability:
(a) 
Bodily injury limits of $500,000 each person/$500,000 each accident.
(b) 
Property damage limits of $500,000 each accident.
B. 
The insurance shall cover the entire contract period as well as the maintenance period, and in the event that the insurance expires during this time, the contractor shall furnish the Town with a renewal certificate at least 10 days prior to expiration.
C. 
The property damage insurance shall specifically cover damage to underground pipes and conduits damaged while using powered or mechanized equipment to excavate in the public right- of-way.
D. 
Before a license is granted, the applicant must file with the Engineering Division a surety bond in the sum of not less than $10,000 made on a form provided for that purpose. Said surety bond may be cash or written by an indemnity or surety company authorized to transact business in Connecticut and approved by the Town Manager or his agent. Excavator's licenses are not transferable. Before any permit shall be issued to open or excavate any street in the Town, the applicant shall pay to the Town Engineer a permit fee in the amount of $60 to cover the cost of inspection and other incidental services in connection therewith. Any work performed without obtaining the necessary permits and licenses as prescribed in this article shall result in a doubling of the fees as contained in this section. Permits shall be valid for a period of 30 days. If the estimated value of the work exceeds $10,000 in the opinion of the Town Engineer, he may require the contractor make application for multiple permits for the various components of the work. The Town Engineer or his designated representative may at any time cancel or suspend permits for just cause.
[Amended 3-4-2024]
Any person who desires to make any opening or excavation in any of the streets in the Town of Wethersfield shall make application to the Engineering Division, in writing, for that purpose. Such an application shall be made upon blanks to be furnished by the Town and shall contain the name of the applicant, the exact location of the proposed opening or excavation, the approximate size or depth thereof, the CALL BEFORE YOU DIG permit number and an agreement on the part of the applicant that the work shall be done in full compliance with all related ordinances of the Town and the laws of the State of Connecticut and that the applicant shall hold the Town harmless from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of corrected work or from any other related matter.
A. 
Any person who opens or excavates any street in the Town shall thoroughly and completely refill the opening or excavation, puddling and ramming so as to prevent any settling thereafter; and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Engineering Division of the Town of Wethersfield for roadway standards of streets in the Town. The surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If, within two years after the restoration of the surface, defects appear, the contractor shall repair the defect within 12 hours. If the Town Engineer or his representative deems that an emergency exists, repairs will be completed by the most expeditious means possible. All repair costs shall be reimbursed to the Town or charged to the excavator's surety bond.
[Amended 3-4-2024]
B. 
The backfill of trenches within the roadway limits and paved areas shall be placed in layers not more than 12 inches thick and shall be thoroughly compacted by tamping or other approved means to the satisfaction of the Town Engineer or his designated agent. The materials used for backfill shall be subject to the inspection and approval of the Town Engineer or his agent, and if, in his opinion, the excavated material is unsuitable for backfill, the contractor shall dispose of this unsuitable material and substitute approved bank run gravel or other material in the amounts and proportions specified by the Town Engineer. When the backfill has been completed within 12 inches of the finished pavement on the surface grade, the first eight inches shall be filled and compacted using an approved grade of processed stone and then covered with four inches of bituminous concrete placed in two lifts, as shown on the standard drawings of the Engineering Division. All trenches shall be covered with a suitable bituminous patching material at the end of every workday.
C. 
Final patching shall be completed within six months and shall conform to the Town of Wethersfield Standard Roadway Construction Drawings and Specifications.[1]
[1]
Editor's Note: Said documents are on file in the Town offices.
D. 
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and to the supervision and approval of the Town Engineer.
The contractor shall notify the Police Department and the Fire Department 24 hours in advance of making any excavation which requires blocking more than 50% of the width of the street. Police protection, if required, shall be at the expense of the contractor.
A. 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel to the satisfaction of the Town Engineer.
B. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their lateral connections or any other subsurface utility until permission of the proper authorities has been obtained.
D. 
The contractor shall at all times at his own expense preserve and protect from injury all adjoining property by providing proper foundations and taking other measures suitable for the purpose. The contractor shall, at his own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from his operations.
E. 
No tunneling to include pipe jacking and pneumatic or vibratory boring or piercing tools shall be allowed without the express approval of the Town Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Town Engineer or an inspector designated by him and shall be done only in a method approved by him.
F. 
No contractor shall make a trench cut of over 48 inches in width without first obtaining special permission from the Town Engineer or his designated agent.
G. 
On all streets, a temporary paving satisfactory to the Town Engineer, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving at the end of each work day.
H. 
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. The contractor shall take necessary precautions to prevent and avoid dust and to keep the streets clean each day. All cleanup operations shall be accomplished at the expense of the contractor and shall be carried out to the satisfaction of the Town Engineer.
I. 
Each contractor shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property and in strict compliance with the provisions of Chapter 105, Noise Control, of the Code of the Town of Wethersfield.
During the making of any street excavation, every reasonable precaution shall be taken by the applicant to keep the street in a safe and passable condition both day and night. Unless emergency conditions exist, construction or maintenance operations which will result in the narrowing or closing of the travel portion of any arterial street will not be permitted prior to start of peak hour traffic. Traffic-control devices must be set up prior to the start of construction or maintenance operations and shall be properly maintained during the time such special conditions exist. They shall remain in place only as long as they are needed and shall be immediately removed thereafter. Where operations are performed in stages, there shall be in place only those devices that apply to the conditions present during the stage in progress, and such devices shall be covered or out of the view of traffic at times when they do not apply. Payments to traffic flagmen or police where required by the Chief of Police or the Town Engineer shall be the responsibility of the contractor.
The penalty for each violation or offense shall be $100 and each and every twenty-four-hour period of failure or neglect to comply with the provisions of this article shall be deemed a separate offense or violations. Licensed contractors failing to obtain the required permit shall also be subject to license suspension for a period of not more than 90 days.