As used in this article, the following terms
shall have the meanings indicated:
CONTRACTOR
Any person, firm or corporation doing business subject to
these regulations, either as principal contractor or as subcontractor.
PAVEMENT
All surfaces installed and designed to dispose of surface
water and to carry or guide vehicular or pedestrian traffic.
STREET or HIGHWAY
The entire width of any dedicated or otherwise legally acquired
public highway situated in Wallingford.
[Amended 2-25-1975 by Ord. No. 198]
Applicants for a permit issued pursuant to these
regulations shall pay a fee to the Town of Wallingford in the amounts,
computed by measuring the surface area of such excavation, as follows:
A. Five dollars for the first 200 square feet of excavation
or fraction thereof.
B. Five dollars for each additional 400 square feet of
excavation or fraction thereof.
Whenever a permit has been issued and the regulations
herein are not complied with, a stop-work order shall be delivered
to the person, firm or corporation, or his or its representative.
Upon such delivery, all work shall cease, and the permit shall be
deemed to be suspended until the Town Engineer certifies that such
violation has been corrected. The Town Engineer or his authorized
agent shall be authorized to issue stop-work orders.
Any person, firm or corporation violating any
provision of this article shall be deemed guilty of a misdemeanor
and, upon conviction, shall be fined not more than $25 per day for
each provision of this article thus violated. Each day of such violation
shall be deemed a separate offense.
[Amended 2-25-1975 by Ord. No. 198]
A. No permit for excavating in any Town street or highway
in the Town of Wallingford shall be granted until the applicant shall
file with the Engineer evidence of public liability insurance coverage
of not less than one-hundred-thousand-dollar liability for one person,
three-hundred-thousand-dollar liability for one accident and $50,000
for property damage, and a performance bond in the minimum amount
of $3,000 in greater amounts if required by the Engineer, said performance
bond to be in an amount in relation to the quantity to be excavated
as determined by the Engineer, all conditioned that the applicant
shall backfill all excavations and restore the street or highway to
a condition as approved by the Town Engineer as hereinafter specified
and that, under said insurance coverage and performance bond, the
applicant shall save harmless and indemnify the Town of Wallingford
from any and all liability, damages and costs that may in any manner
be incurred by the Town of Wallingford by reason of or in connection
with the issuance of a permit for such excavation or by reason of
any act or omission of the permittee, his agents or servants. All
such bonds and insurance coverages required by this article shall
be for the period of the calendar year, and renewals of evidence of
such insurance shall be filed with the Engineer before January 1 of
each year.
B. Contractors and public service corporations may dispense
with the filing of a separate insurance policy and bond for each excavation
by filing annually, with the Engineer, the proper evidence of insurance
coverage and performance bond hereinbefore provided for; provided
however, that an application must be made for a permit for each separate
excavation. Evidence of insurance coverage and a performance bond
shall be filed with the Engineer, in form and in companies or sureties
satisfactory to the Engineer.
C. Any work not completed under this article after three
days after the second notice, in writing, to the person, firm or corporation
taking out a permit for the same will be completed by the Town and
shall be billed to the person, firm or corporation taking out such
permit. No further permits shall be issued to said person, firm or
corporation so billed until the balance owed the Town is paid. All
remittances shall be payable to the Treasurer of the Town of Wallingford.
[Amended 2-25-1975 by Ord. No. 198]
A. The use of power machinery for excavation shall be
allowed only by special permission, in writing, of the Engineer. The
contractor shall at all times take all proper precautions to safeguard
any sewer lines, water mains, electrical conduits, telephone conduits,
gas mains, gas lines or other appurtenances encountered in excavation
and shall properly maintain such installations so as to provide uninterrupted
service of the same. In locations where the use of power equipment
will endanger such installations, the work of excavation must be provided
by hand labor.
B. Excavations must be made in open cut, and no tunneling
will be allowed except by special written permission from the Engineer.
Trenches shall be braced and sheeted when and as ordered by the Engineer.
C. No excavated material is to be placed on private property
without written permission from the property owner, such written permission
to be filed with the Engineer prior to placing excavated material
on private property.
D. All excess material removed from streets, highways,
Town properties or rights-of-way granted in the favor of the Town
of Wallingford that is not required for backfilling excavations will
be the property of the Town of Wallingford and must be removed to
and/or disposed of at the site of the Town of Wallingford sanitary
landfill, the entrance to which is located at the intersection of
Ball Street and Pent Road, if the travel distance over the shortest
public highway route is six miles or less. If such travel distance
is greater than six miles, the excess material shall be removed to
and/or disposed of at a location as the Engineer may direct.
All excavations shall be protected at all times by barricades,
danger warning signs, and during the night by flares or red warning
lights. Only 1/2 of the traveled portion of the street or highway
shall be excavated or remain open, permitting safe passage of vehicular
traffic on the remaining half. Under no circumstances shall an excavation
or opening be made in the width of the entire street or highway, or
in such a manner as to prohibited the safe passage of vehicular traffic
without the written permission of the Engineer and the Chief of Police
or Deputy Chief of Police. Such written permission shall be obtained
in advance of such excavation or opening. The Engineer and the Chief
of Police or Deputy Chief of Police may prescribe such conditions
as they shall deem necessary to render such excavations safe.
The permittee shall guarantee to maintain the repaired patch
during the life of the temporary patch and for a period of 120 days
after certification of acceptance of the permanent patch by the Engineer.
In the event that it is necessary to make repairs to the excavation
or restoration of the pavement or patch during said one-hundred-twenty-day
period, said guarantee shall be extended for an additional period
of 60 days. The performance bond shall include said conditions of
maintenance within its provisions.