A.
PUBLIC RIGHT-OF-WAY
Definitions. As used in this article, the following terms shall have
the meanings indicated:
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.
(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.
