[Adopted 5-9-1988 ATM]
No excavation shall be made in any public street, highway or right-of-way of the Town of Norfolk without first obtaining a written permit from the First Selectman or an agent designated by the First Selectman. The First Selectman shall have the authority to grant such permits for the excavation and repair of any public street, highway or right-of-way as herein provided.
A. 
An application may be obtained at the office of the First Selectman on such form as he prepares. The First Selectman shall either issue or deny a permit within 15 days after submission of the application. Work shall not commence until two days after the permit is issued. Formal written application may be waived in such cases where the need for excavation is of an emergency nature as determined by the First Selectman.
B. 
No application will be accepted unless the applicant submits the ticket number assigned to him/her pursuant to the regulations of the Connecticut Underground Utilities Protection Plan, which number may be obtained by telephoning the Protection Plan.
No permit shall be granted until the applicant has filed with the First Selectman a certificate of insurance for liability and property damage in such amounts and on such terms as specified by the First Selectman or his/her designee.
All excavations must be made by open cut. No tunneling shall be allowed except by special written permission from the First Selectman. All excavations shall be backfilled with gravel unless otherwise permitted by the First Selectman. If the First Selectman permits material removed from the excavation to be used for backfill, the backfilling must be compacted in succeeding layers of six inches for the entire depth of the trench. Under no circumstances shall muck, clay, frozen earth or any other hazardous material be replaced in the ditch. Any muck, clay, frozen earth or any other deleterious material shall be replaced with gravel. All materials removed from the excavation shall be removed from the site and disposed of by the contractor.
On all streets or highways surfaced having a penetration or macadam pavement, the trench shall be backfilled and sealed with a temporary cold asphalt patch for 30 days. At the end of said period, but no longer than 60 days or when hot-paving material is available after the application of the cold asphalt, the contractor shall remove the patch and enough material within the ditch to allow a paving of three inches of an approved hot bituminous paving material. The resurfacing shall conform to the standard specifications of the Connecticut Department of Transportation, Bureau of Highways, as time to time amended.
A. 
All excavations shall be properly protected by barricades, danger or warning signs and, during nighttime, by proper flares or red warning lights.
B. 
It shall be the duty of the permittee to maintain such warning signs and lights at all times that the excavation is open.
C. 
In the event that it is necessary to excavate across the entire width of any street, highway or right-of-way, only 1/2 of the street, highway or right-of-way may be excavated at one time. The same shall be properly restored for the safe passage of vehicular traffic before the remaining 1/2 of the street is excavated.
D. 
It shall be the duty of the permittee to maintain proper safety facilities for the purpose of regulating both pedestrian and vehicular traffic at the site.
E. 
The First Selectman may permit, in writing, excavation across the entire width of the street. No excavation shall take place until the permittee has notified the First Selectman and the Fire Department and proper action has been taken to close such street, highway or right-of-way.
A. 
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks or bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility without first applying for and obtaining an excavation permit hereunder shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the First Selectman's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
B. 
In the event of any such emergency, if the person owning or controlling such facility is unavailable, the Town shall have the right, but not the obligation, to repair any defect to eliminate any hazard or emergency condition, and the owner and the person owning or controlling such facility shall reimburse the Town for any costs incurred in the completion of the same.
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust and unsightly debris and, during the hours of 10:00 p.m. to 7:00 a.m., shall not use, except with the express written permission of the First Selectman or in the case of an emergency herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed as set forth herein or shall otherwise have failed to complete the excavation work covered by such permit, the First Selectman, if he deems it advisable, shall have the right to do all work and things necessary to restore the street to complete the excavation work. The permittee shall be liable for the actual cost thereof plus 25% of such cost in addition for general overhead and administrative expenses. The Town shall have a cause of action for all fees, expenses and amounts paid out and due it for such work, together with attorney's fees.
This article shall not be construed as imposing upon the Town or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the Town or any official or employee of the Town be deemed to have assumed any such liability or responsibility by reason of inspections of the property, the issuance of any permit or the approval of any excavation work.
The permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the excavation and, upon failure to do so within 24 hours after having been notified to do so by the First Selectman, said work may be done by the First Selectman and the cost thereof charged to the permittee.
Before an excavation permit as herein provided is issued, the applicant shall deposit with the First Selectman's office a sight letter of credit in an amount and form acceptable to the First Selectman and Town Attorney. Said letter of credit shall be held by the Town as a guaranty for all obligations of the permittee concerning the excavation and all obligations imposed by this article.
Any person or entity which excavates within the limits of a Town highway, street or right-of-way without obtaining the appropriate permit shall be in violation of this article. Each day a violation exists shall constitute a separate offense. The violator shall be subject to a sum not in excess of $100 per offense.