[HISTORY: Adopted by the Town Meeting of the Town of Colchester 3-10-1987. Amendments noted where applicable.]
Ordinance enforcement — See Ch. 93.
The following chapter has been created to control by permit, the construction of roads and related improvements within the rights-of-way of the Town of Colchester and to provide for fees to compensate for inspections of said improvements.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person, firm, corporation, partnership or association who shall apply to the Board of Selectmen for a road construction permit.
- ARTERIAL STREET
- A major thoroughfare whose main function is to carry large volumes of traffic between major points.
- AUTHORIZED AGENT
- Refers to an agent of the First Selectmen. Such agent may be the Town Road Inspector or Road Foreman.
- COLLECTOR STREET
- A street whose primary function is to carry moderate traffic volumes between local streets and arterial streets. It may also provide access to abutting properties.
- FORM 813
- A certain document entitled "Department of Transportation: Standard Specifications for Roads, Bridges, and Incidental Construction, Form 813," as may be amended from time to time.
- IMPROVED TOWN ROADS
- A town road that is oiled or paved with bituminous concrete or similar surface.
- NEW SUBDIVISION ROAD
- A proposed town road, said road being part of a subdivision plan.
- Includes streets, highways, avenues, lanes laid out and intended as a vehicular accessway.
- ROAD FOREMAN
- An employee of the Town of Colchester responsible for the maintenance of the town roads.
- ROAD INSPECTOR
- An employee of the Town of Colchester responsible for the building of town roads, according to regulations.
- ROAD ORDINANCE
- An ordinance concerning the construction and acceptance of roads in the Town of Colchester for public use.
- TOWN ENGINEER
- A professional engineer certified in the State of Connecticut employed by the Town of Colchester.
- TOWN ROAD
- A road that has been accepted at a Town Meeting or a road that has not been accepted by a Town Meeting but has been used by the public for more than 25 years and has been maintained in a like condition by the town.
- UNIMPROVED TOWN ROAD
- A town road that is not oiled or paved with bituminous concrete or similar surface.
- WORKING DAYS
- Monday through Friday, 8:30 a.m to 4:30 p.m., excluding municipal holidays as defined by the Board of Selectmen.
No road or other improvements appurtenant thereto shall be constructed in the Town of Colchester right-of-way until a road construction permit has been issued by the Board of Selectmen. Said permit is required for the construction of:
New roads to be accepted by the town.
The completion of roads in a subdivision approved by the Zoning and Planning Commission prior to and after the effective date of the Road Ordinance.
The construction or modification of pavement, drainage or other improvements within or in support of any existing improved or unimproved town road or highway.
Any other improvements within a Town of Colchester right-of-way.
In addition to the design and construction standards hereinafter specified, the following shall also be applicable:
Approved subdivision. The design and construction standards applicable to streets in a subdivision approved by the Zoning and Planning Commission prior to the effective date of the Road Ordinance shall be the standards applicable at the time of such approval, provided that such approval is still in effect.
Other standards. The Zoning and Planning Commission may approve alternate design and construction standards when:
All work subject to a road construction permit shall be subject to inspection and approval by the First Selectman, or his or her authorized agent shall have free access to the work at all times and shall be deemed authorized to take material samples, cores and other tests as deemed necessary to determine compliance with these standards. The First Selectman or authorized agent may require the applicant, at his or her expense, to have such tests made and certified by a professional engineer licensed by the State of Connecticut or other parties of its determination.
It is the intent of this chapter that the policies, rules, procedures, standards and specifications established herein are coordinated with and support the following:
Conveyances shall describe the land involved and the privileges of the town in a form acceptable to the Board of Selectmen and shall be duly executed. Such conveyances shall be accompanied by:
Application for a road construction permit shall be made to the First Selectman in writing and shall be accompanied by three copies of approved plans showing the rights-of-way for streets and drainage easements and plans showing the construction details prepared and showing the information required by the Subdivision Regulations and any other requirements as stipulated by the First Selectman and/or the Zoning and Planning Commission.
A fee of $100 shall accompany the application.
The road construction permit shall be issued by the First Selectman in writing, and the Selectman's approval of the construction plans shall be endorsed thereon. Such approval and issuance are subject to the following:
Prior approval. In the case of roads, any road improvements shall receive the approval of the Zoning and Planning Commission.
Inspection fee. Payment to the Town of Colchester of an inspection fee equal to 3% of a cost estimate approved by the Town Engineer.
Time limit and validity. The road construction permit shall be valid for a period of one year. The Board of Selectmen may revoke or suspend a permit when the Board or its authorized agent determines that the work is not being carried out in accordance with the approved plans and Subdivision Regulations.
The holder of a road construction permit shall notify the First Selectman of his or her intention to begin the authorized work at least one week prior to so doing. Such notification shall be in writing and shall include a schedule showing when each stage of work, as hereinafter specified, is to begin. If, due to weather conditions or other cause, it is found necessary to stop work for a period exceeding one week, the permittee shall notify, in writing, the First Selectman or authorized agent, of his or her intention to resume work at least three days prior to so doing.
Stages of work.
In addition, the permittee shall notify the First Selectman or authorized agent, in writing, at least 48 hours before each of the following stages of work are begun. Prior to construction of the proposed improvements and after the permit has been obtained, a preconstruction meeting will be scheduled with the contractor of the project and the Town Road Foreman and Inspector. The contractor shall request the meeting at least five working days prior to commencing the construction.
Prior to commencing site clearance and after the construction work has been staked out (applicant's land surveyor must certify that the street has been staked out as indicated on the approved plan).
Prior to commencing excavation and grading of streets and installation of embankments.
Prior to commencing installation of drainage and other utilities.
Prior to backfilling structures and drainage pipes, facilities and other utilities.
Prior to placement of the base course on the subgrade of the street.
Prior to commencing construction of any sidewalk or other appurtenant items.
The Road Inspector shall have three days in which to inspect the work in each of the above described stages. No work shall begin on the succeeding stage of construction until the required inspection has been made and approved by the Road Inspector in writing. The First Selectman may issue a stop-work order, and the Board of Selectmen may suspend or revoke the road construction permit if in their judgment the construction project or any stage thereof is not being carried out in accordance with the Road Ordinance, or if unforeseen field circumstances are encountered for which the approved plans are insufficient, the First Selectman shall withdraw such stop-work order and reinstate the permit when it is determined that there is compliance therewith.
The petition for acceptance of the road by the Town of Colchester shall be presented to the Board of Selectmen in writing and shall be signed by the owner of record. The petition shall be accompanied by the following:
Maps. A copy of the map on file in the office of the Town Clerk showing the right-of-way of the road and any easements within a subdivision. A copy of the recorded subdivision map approved by the Zoning and Planning Commission may be substituted for such submission.
As-built plans. A copy of the construction plans showing the road drainage and other improvements as built. In lieu of such submission, the construction plans, updated and certified as correct by a professional engineer, may be substituted.
Maintenance bond. An executed agreement and bond, approved by the Board of Selectmen, to guarantee remedy of unforeseen deficiencies in the construction of the road and other improvements shall be prepared. Said bond shall remain in force for a period of one year from the date on which the road is accepted by a Town Meeting. The amount of the bond shall be 10% of the original bond estimate approved by the Town Engineer or a minimum of $2,500.
This chapter shall be governed by the laws of the State of Connecticut. In the event that any provision or clause of this chapter conflicts with applicable law, such conflict shall not affect other provisions of this chapter, which can be given effect without the conflicting provision, and to this end the provisions of this chapter are declared to be severable.