[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-1980 by Ord. No. 25, amended in its entirety 12-21-1994]
All owners of property adjacent to or abutting on public sidewalks shall be responsible for the removal of snow and/or ice from such sidewalks within 24 hours after the cessation of the storm causing such snow and/or ice accumulation. If such snow and/or ice is not removed from such sidewalks, the Board of Selectmen may cause the same to be removed, and the cost of such removal shall be charged to, and paid by, the owners of the property concerned.
All owners of property adjacent to or abutting on public sidewalks shall be responsible for keeping such sidewalks free of hedges, shrubbery grass and overgrown plantings. If such maintenance is not provided, the Board of Selectmen may cause the same to be accomplished, and the cost of such work shall be charged to, and paid by, the owners of the property concerned.
No person, firm, or corporation shall perform any work within or under any Town road or public land in the Town of Old Saybrook without a written permit, obtained at least 72 hours prior to the commencement of any such work, from the Director of Public Works.
No person, firm, or corporation shall install, construct, open, or maintain any drain or conduit in such manner that water from the same is discharged upon any sidewalk, any Town road, or public land, or into any existing drainage system maintained on or adjacent to any such sidewalk, any Town road, or public land in the Town of Old Saybrook without first obtaining an encroachment permit from the Director of Public Works.
No person, firm, or corporation shall build, maintain, construct, reconstruct, relocate, or otherwise use a driveway or entrance or exit to a Town road or street from private land without first obtaining an encroachment permit from the Director of Public Works.
No person, firm, or corporation shall remove or plant any vegetation, place fill, excavate, or install any private or public utility within a Town road or public land without first obtaining an encroachment permit from the Director of Public Works.
The Board of Selectmen shall adopt, and may amend from time to time as required, permit fees and specifications concerning construction of driveways. In adopting or amending specifications, the Selectmen shall include, in their consideration, the location of a driveway with respect to its effect on roadway drainage, road safety, the width and character of the road affected, the density of traffic thereon and the character of such traffic. No permit shall be issued unless the driveway entrance or exit shall conform to the specifications. Such specifications may include the requirement for insurance and for bonding to ensure completion of all required improvements. Should any driveway improvements not be completed as required within the time limits as set forth in the specifications, then the bond shall be called and the work completed by the Town or a contractor selected by the Town, as required by the specifications.
The Board of Selectmen shall adopt, and may amend from time to time, permit fees and specifications concerning excavation within a Town road right-of-way and public land. No permit shall be issued unless the proposed work conforms to the specifications. Such specifications may include the requirement for insurance, and for a bond to ensure the permanent restoration and stabilization of all damaged or disturbed surfaces.
Whenever an encroachment permit has been issued and the regulations herein are not complied with, or in the case when a permit has not been issued, a stop-work order shall be delivered to the person, firm or corporation, or their representative. Upon such delivery, all work shall cease, the excavation refilled or otherwise made safe and secure, and the encroachment permit shall be deemed to be suspended until the Director of Public Works authorizes in writing a resumption of the work. The Director of Public Works or his authorized agent shall be authorized to issue stop-work orders.
Any person, firm, or corporation found guilty of any violation of this article shall be subject to a fine not exceeding $50 per day for each provision of the article thus violated. Each day of such violation shall be deemed a separate offense. In addition to paying the above prescribed fines, if any violation is a result of conducting work without an approved encroachment permit, then the required permit fees for such permit shall be doubled.
The Board of Selectmen shall hear and decide requests for variances from the specifications, and appeals, when any party or individual is aggrieved by a decision or determination made by the Director of Public Works. Any such request for a variance or appeal shall be in writing, and shall state the specific section(s) of the specifications and the reason for which the request for variance or appeal is being made, as well as all reasonable options and alternatives that have been exhausted prior to making such request. In the case of an appeal, the aggrieved party or person shall have a period of 45 days from the date of any decision or determination by the Director of Public Works to appeal such action to the Board of Selectmen. The Board of Selectmen shall have no jurisdiction to entertain an appeal filed beyond said forty-five-day period. In the consideration of any request for variance or appeal, the Board of Selectmen shall obtain input from the Director of Public Works, Fire Chief, and ranking member of the Police Department, and shall include in its consideration the impacts upon highway drainage, highway safety, and emergency access.