A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
PUBLIC RIGHT-OF-WAY
Any public street within the boundaries of the Town of Newington which has been officially accepted by the Town Manager and thus incorporated into the official street system of the Town of Newington.
B. 
Licenses; to whom issued. A license to perform specific work within the public right-of-way will be issued by the Town Manager or his designated agent to any person or corporation who shall make proper application, file a satisfactory bond, show evidence of liability insurance as specified in this article, indemnify the Town, and satisfy the Town Manager or his designated agent that he is competent and intends to perform his work in accordance with all applicable conditions, rules, regulations, and specifications herein contained or hereafter adopted. A fee, as provided in § 225-1 of this Code, will be charged for each license issued.
C. 
Bond. Before a license is granted, the applicant must file with the Town Manager's office a surety bond of not less than $10,000 made out on a form provided by said office. If a permit is applied for by the applicant for a project requiring a bond in excess of $10,000 to adequately protect the Town, an additional bond increasing the surety bond by an amount deemed sufficient by the Town can be requested by the Town before said permit shall be issued. Said surety bond must be written by a regular indemnity or surety company authorized to transact business in Connecticut and approved by the Town Manager or his agent.
D. 
Insurance.
(1) 
The contractor applying for a license shall furnish to the Town of Newington a valid insurance certificate completed by his agent or insurer for the amounts determined by the Town's Risk Manager.
(2) 
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 its expiration or the license and any permits issued pursuant to it shall be null and void. The property damage insurance shall specifically cover damage to underground pipes and conduits. In the event that a licensee shall fail to renew an insurance policy which expires during the maintenance period, the Town Manager or his designated agent may renew said policy after written notice to the licensee and to his surety company and, upon their failure to furnish a renewal certificate, charge the cost thereof to the surety company. The insurance certificate shall include a statement to the effect that the specified coverages cannot be altered or canceled without 10 days' written notice having been given to the Town.
E. 
Indemnity agreement. Notwithstanding the insurance requirements set forth above, the person applying for a license shall accept and sign the following agreement:
"The applicant agrees to indemnify and save harmless the Town of Newington, its agents and employees from and against all loss or expense (including costs and attorneys' fees) arising out of or resulting from the performance of the work by reason of liability imposed by law upon the Town of Newington, its agents and employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons (including employees of the applicant or any subcontractor) or on account of damage to property, including loss of use thereof, whether such injuries or damages are caused in whole or in part by the negligence of the Town of Newington, its agents and employees or otherwise."
F. 
Business address. The applicant for a license shall file with the office of the Town Engineer his business address and shall notify said office promptly of any change therein. Any orders or notices which the Town Engineer's office may have to give to said applicant, if mailed to the address as filed, shall be considered as due notice delivered to him personally and shall relieve the Town of further obligation in the matter.
G. 
Expiration of licenses. All licenses will expire on the 31st day of December next following their date of issue unless sooner revoked. A new application must be made in all respects like the first, and a new license obtained, before any work can be performed thereafter by the licensee.
H. 
Revocation of licenses. The Town Manager or his designated agent may at any time cancel or suspend any license for cause. Cancellation of insurance or bond automatically suspends the license.
I. 
All work to be done by licensed contractors. No one but a contractor, duly licensed by the Town Manager or his designated agent as herein provided, will be allowed to do any work within any public right-of-way in the Town. This rule shall not prevent the making without such license of temporary or minor repairs by the owner of the property abutting a public right-of-way or such owner's agent, provided that a permit is obtained for said repairs.
J. 
License not transferable. No licensed contractor or abutting property owner shall allow his name to be used by any other person or party either for the purpose of obtaining permits or doing any work under his license.
K. 
Competence of workers to be employed. No licensed contractor shall employ any person under his license who, in the opinion of the Town Manager or his designated agent, shall have shown himself incompetent to perform such work as he is expected to do.
L. 
Permits. Application for permits to perform any specific work within the public right-of-way in the Town must be in writing by a licensed contractor or his authorized agent on forms provided for the purpose by the Town. No work shall commence or be continued unless the permit is posted by the permittee or his agent at the location of the work. A minimum fee of $25 will be charged for each permit.
M. 
Line and grade. Notice must be given at the office of the Town Engineer not less than 72 hours before starting any work for which line, grade or any other pertinent information is to be provided by the Town of Newington. Under normal conditions it shall be the responsibility of the permittee's engineer to provide line and grade for a given permit. No permittee shall commence work within a public right-of-way until such line and grade have been marked. Should any stakes or marks be moved or lost, the permittee shall not proceed without them but shall notify the office of the Town Engineer and request their replacement. If at any time doubt exists in the mind of the permittee about the correctness of any such mark or stake, he must call for a verification of these points, as any work which is not true to line and grade shall be corrected at the expense of the permittee.
N. 
Notice before starting work. Notice of starting work under a permit must be given to the office of the Town Engineer a minimum of 24 hours in advance of starting work.
O. 
Correcting unsatisfactory work. The Town Manager or his designated agent is empowered to inspect or cause to have inspected at any time any or all work being performed under a permit issued to work within the public right-of-way. If, in the opinion of the inspector, the work being performed does not meet with specifications and conditions laid upon it, the permittee shall be required to correct such conditions, commencing work within 24 hours of notification to make such correction unless a longer period of time is granted by the Town Manager or his designated agent. Work that has been completed and from which all workers, equipment and materials have been removed will be subject to these same conditions with the exception that a five-day time limit will be imposed for commencement of rework unless a longer period of time is authorized by the Town Manager or his agent. If the permittee fails to comply with the requirements of this subsection, the Town Manager may cause such work to be done, and the permittee shall be liable for the full expense of such work, such expense to be paid within 30 days of billing.
P. 
Period of responsibility. Unless the period of responsibility is waived in whole or in part by the Town Manager, the permittee will guarantee his work for a period of one year from date of completion of said work as designated in writing by the Town Manager. During this guarantee period the insurance as herein provided shall remain in full force and effect.
Q. 
Exceptions to the foregoing rules:
(1) 
The Town Manager or his designated agent may waive all requirements concerning licensing, bonding, and insurance in the case of any governmental agency or public service company. Nothing herein contained, however, shall be deemed to waive the requirements of securing the permit.
(2) 
None of the foregoing provisions of these regulations 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, nor to the erection of any temporary protective warning signs or devices.
(3) 
Nothing in these regulations shall be construed to prevent the making of any necessary excavation or the performance of any work related thereto by any public service company in the event of emergency.
R. 
Public safety; traffic control. The permittee shall be responsible for taking measures which, in the opinion of the Town Manager or his designee, properly protect the general public from accident or injury from the work to be done, including, as appropriate, barricades, lanterns, flashers, guards, shoring, temporary trench plates, directional signs, warning signs, floodlighting, audible alarms, fencing, shields, etc. The permittee shall be responsible for vehicular and pedestrian traffic control and shall take such measures to provide for effective traffic control as the Town Manager or the Chief of Police shall order, including the provision of flagmen or police traffic officers, the cost of which shall be borne by the permittee.
A. 
Permits; to whom issued. No person other than a licensed contractor will be issued a permit to excavate in a paved street area.
B. 
Notification of police. The contractor shall notify the Police Department 24 hours in advance of making an excavation which requires blocking more than 50% of the street.
C. 
Tunneling and bracing. Excavations shall be made in open cut, and no tunneling will be allowed except by special permission of the Town Manager or his designated agent and under such additional conditions as he may impose. Trenches shall be braced and sheeted whenever, in the opinion of the Town Manager, such bracing and sheeting are necessary.
D. 
Public safeguards. If excavated material is acceptable for backfill, it shall be piled so as to interfere with public travel to the least extent possible. Suitable barricades must be provided and warning lights kept burning between sunset and sunrise. If the location and extent of work is such that a traffic officer is required in the opinion of the Town Manager or his designated agent, said officer will be provided by the Newington Police Department. The cost thereof shall be borne by the contractor.
E. 
Backfill of trenches. 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 Manager or his designated agent. The materials used for backfill shall be subject to the inspection and approval of the Town Manager 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 sand, gravel, or other material in the amounts and proportions specified by the Town Manager. If an excavation is going to be left open overnight, the Police Department shall reserve the right to have the contractor cover the open excavation with steel plates.
F. 
Roadway repairs. Town of Newington specifications for roadway repairs current at the time of application for the permit shall be followed by the person or persons applying for the permit. If, in the judgment of the Town Manager or his designated agent, more than 1/3 of the paved travelway width is destroyed in a given area, the permittee shall cover the entire travelway, from gutter to gutter, with a one-inch (minimum) asphaltic concrete overlay following trench restoration work.
G. 
Road shoulders. If, as a result of work performed under a permit, the pavement outside of the trench area or the shoulders of the road are damaged as a result of this work or the detouring of traffic within the area covered by the permit, these damaged areas must also be repaired to the satisfaction of the Town.
(1) 
If the pavement area is damaged, it will be replaced as stipulated in Subsection F.
(2) 
If the unpaved shoulder of the road is damaged, it will be restored to the condition which existed prior to the beginning of the work. If the area was grassed, it will be loamed and seeded; otherwise, it must be regraded with processed gravel.
H. 
Payment in lieu of making repairs. The Town reserves the right to require the permittee to pay to the Town, in lieu of installing a permanent pavement replacement as stipulated in the above subsections, a cash payment based on a current unit price per square yard of trench area, including the cutback area referred to under Subsection F. A representative of the Town and the permittee will jointly measure the trench area, but the final determination as to the area, in square yards, will rest with the Town Manager.
I. 
Materials. Materials used in the permanent pavement replacement shall meet the requirements of "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended, current at the time of application for the permit.
A. 
Permits; to whom issued. No person other than a licensed contractor will be issued a permit to construct, pave or repave a driveway within the public right-of-way of the Town, provided that a permit shall not be required for resealing paved driveways with liquid sealants. Permits shall only be issued for applications that meet the requirements of this article as well as applicable provisions of the Newington Zoning Regulations.[1]
[1]
Editor's Note: The Zoning Regulations are on file in the Town offices.
B. 
Grade. After obtaining a permit and before commencing operations within the public right-of-way, a grade line shall be obtained from the Town Manager or his designated agent.
C. 
Width. No private residential driveway of over 22 feet or commercial driveway of over 28 feet shall be permitted without special approval from the Town Manager or his designated agent.
D. 
Distance from crosswalks. No driveway shall be authorized within four feet of an established crosswalk.
E. 
Number and separation distance.
(1) 
It is the express policy of the Town of Newington to permit one driveway per single-family residential building lot. Therefore, single-family residential lots located on Town roads that have a frontage length of 80 feet or less, measured at the street line, shall have a maximum of one combination entrance and exit. However, an exception to this standard shall be for approved duplex lots located in the R-7 Zone District, which by necessity require one combination entrance and exit for each residential unit. Additionally, in exceptional situations a single-family residential lot located on a Town road that has a frontage length of more than 80 feet, measured at the street line, after review by the Town Engineer and Town Planner and meeting all requirements as provided herein, may be permitted one driveway with a maximum of two combination entrances and exits, provided that:
(a) 
There is a frontage separation of at least 60% of the frontage length;
(b) 
The width of the two combination entrances and exits shall not exceed 11 feet each as measured at the street line;
(c) 
Corner lots shall not be permitted to connect the intersecting streets by a driveway with a maximum of two combination entrances and exits; and
(d) 
Driveways with two combination entrances and exits located on abutting lots must be separated by not less than 20 feet measured at the street line.
(2) 
Applications requesting consideration for one driveway with a maximum of two combination entrances and exits shall include:
(a) 
A plot plan which shall be reviewed using the Plot Plan Review Checklist as approved by the Town Manager and as amended from time to time; and
(b) 
A statement explaining the exceptional physical characteristics of the property that is the subject of the application that warrant consideration as an exceptional situation under this article. For example, mere convenience to the applicant shall not constitute an exceptional situation, nor shall requests for the parking of recreational vehicles or vessels. However, safety considerations, such as significantly improved sight lines and/or significantly improved entry/exit to/from the roadway may warrant consideration as an exceptional situation.
(3) 
Applications, together with plot plan and statement, shall be submitted to the Town Engineer. The Town Engineer, together with the Town Planner, shall review the submission and make a determination as to compliance with the provisions of this article within a period of 60 days from a complete submission and shall notify the applicant by certified mail.
(4) 
If an application for a driveway with a maximum of two combination entrances and exits is denied, an appeal must be submitted to the Town Manager within 15 days of receipt of the certified denial letter. The Town Manager's decision shall be final.
(5) 
The number, location and separation distance of combination entrances and exits for developments other than single-family residential lots shall be reviewed and approved by the Newington Town Plan and Zoning Commission as part of the site plan approval process. Applicants for all driveways, residential and commercial, that access onto a state highway shall secure approval from the Connecticut Department of Transportation.
F. 
Location. No driveway shall be authorized within 20 feet of a street intersection as measured along the street line.
G. 
Extent. No driveway apron shall extend into the street further than the gutter line.
H. 
Drainage. Where, in the opinion of the Town Manager or his designated agent, drainage conditions require a culvert, such culvert shall be installed under the driveway at the expense of the owner. Such culvert pipe shall conform to specifications as outlined under "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended, current at the time of application for the permit. Said culvert shall extend a minimum of two feet beyond each edge of the basic width of the driveway, and in no case shall it be less than 15 feet in length. Where driveways interfere with proper drainage of the abutting street, as in the moving or removal of catch basins, permission shall be granted only when such change is made with the approval of the Town Manager or his designated agent and according to plans, if required, prepared by a competent engineer at the expense of the permittee.
I. 
Removal of trees. The removal of large trees within the public right-of-way shall be carefully avoided, and plans shall be made to install driveways in such a manner that the removal of such trees may be avoided if at all possible. If, in the opinion of the Town Manager or his designated agent, the removal of a tree is unavoidable, the contractor shall conform to all rules and requirements as may be set forth by the Town Tree Warden.
A. 
Permits; to whom issued. Only a licensed contractor may be issued a permit by the Town Manager or his designated agent to make any type of drainage installation (including yard and cellar drainage) which connects into or converges with the Town storm drainage system either at the surface or underground.
B. 
Waiver of claim. No permits will be issued until the property owner involved shall have executed a drainage agreement on forms provided by the Town Manager or his designated agent, relieving the Town of all responsibility for any damage resulting from said connection and specifically relinquishing any claim said property owner may otherwise have against the Town of Newington by reason of water backing up through the Town storm drain system.
C. 
Drainage system to be used. No permits will be issued to drain water into an open gutter or road shoulder by pipe or ditch if an underground drainage system exists in the street bordering the property to be drained.
D. 
Location of connection. The exact point at which a permittee may tie into a Town storm drainage system shall be designated by the Town Manager or his designated agent. This designation shall be obtained by the permittee after a permit has been issued and before work commences in the Town right-of-way. In all cases where the grade allows and the drain is to be connected to an underground storm drain pipe, said connection shall be made from the top of the storm drain system pipe.
E. 
Street excavations. If it is necessary to cut the street pavement to make a connection, the backfill and resurfacing will conform to all the requirements of § 367-4.
F. 
Existing connections. Any private drain emptying into an open gutter where an underground storm drainage is hereafter installed shall be changed to connect into said underground system.
G. 
Noncompliance of property owner. Any person who shall make any connection into the Town drainage system without a permit shall be in violation of this article. Any connection made in noncompliance with the terms of this article shall be corrected within 10 days after receipt of written notice from the Town Manager to correct such connections. If such correction is not made within 10 days of notification, the change may be caused to be made by the Town and a lien covering the cost will be placed upon the property involved. If said cost is not paid within 30 days after billing, any such lien may be foreclosed in the same manner as a tax lien.
A. 
Structures shall be moved over local streets only by a public agency or contractor specializing in this type of work.
B. 
No building or structure being moved shall be left on any Town right-of-way overnight except in an extreme emergency and then only with the special permission of the Town Manager and under such special conditions as he may impose.
C. 
The contractor shall coordinate the hours for the movement of a structure with the Police Department and shall arrange for such police escort during said move as the Police Department may require.
D. 
Prior to the movement of the structure, it shall be the responsibility of the party securing the permit to see that all utility services have been properly disconnected in accordance with procedures specified by the particular utilities involved.
A. 
Permits; to whom issued. No person other than a licensed contractor will be issued a permit to construct or replace a sidewalk within the public rights-of-way in and of the Town of Newington.
B. 
Specifications. After obtaining a permit and before commencing operations, specifications must be obtained from the Town Manager or his designated agent, and all work must be performed in strict conformity to these specifications, which shall designate the location, types of materials, width and thickness of the sidewalk, and methods of construction.
C. 
Grade. After obtaining a permit and before commencing operations in a public right-of-way, a grade line shall be obtained from or approved by the Town Manager or his designated agent. It shall be the responsibility of the applicant to stake the grade line in the field if required by the Town Manager or his agent.
D. 
Inspection and supervision. All phases of the work involved in the construction or replacement of the sidewalk shall be subject to the inspection and supervision of the Town Manager or his agent. Each stage of the construction must be inspected before the next stage is started. See "Concrete Sidewalk Specifications" for the Town of Newington for inspection schedule.
All materials shall meet the requirements of "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended.
A. 
Hot asphaltic concrete pavement, Class II: Section 4.04, "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended.
B. 
Bank-run gravel: Section 4.11, "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended.
C. 
Process stone: Section 3.04, "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended.
D. 
Culvert pipe. Reinforced concrete or asphalt coated or corrugated metal pipe meeting requirements of Section 6.51 of "Standard Specifications for Roads, Bridges and Incidental Construction," State of Connecticut, State Highway Department, Form 816, dated 2004, as amended.
E. 
Concrete sidewalks. See "Concrete Sidewalk Specifications" for the Town of Newington.
F. 
Other specifications. If special provisions do not exist for additional specifications of materials, construction methods and details of appurtenances as established by the Town and on file with the Town Manager, then Form 816, State of Connecticut, State Highway Department, "Standard Specifications for Roads, Bridges and Incidental Construction," dated 2004, as amended, shall govern.
Any individual, firm or corporation who violates any rule, regulation or specification of this article shall be fined not more than $100 for each offense, and each day that the violation shall exist or continue shall be deemed a separate offense.