[Amended 2-24-59, effective 3-28-59; 10-13-59,
effective 11-14-59; 5-19-65; 3-19-68, effective 4-19-68; 6-7-83, effective
9-1-83; 3-11-87, effective 3-27-87]
This ordinance shall be known and may be cited
as the "Street Excavation Ordinance of the Town of New Canaan."
A. For the purpose of this ordinance, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
APPLICANT
Any person making written application to the Director of
Public Works for an excavation permit hereunder.
EXCAVATION WORK
The excavation and other work permitted under an excavation
permit and required to be performed under this ordinance.
PERMITTEE
Any person who has been granted and has in full force and
effect an excavation permit issued.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
STREET
Any street, highway, sidewalk, alley, avenue or other public
way or public grounds in the town.
TOWN
The Town of New Canaan.
B. When not inconsistent with the context, words used
in the present tense include the future; words in the plural number
include the singular number; and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
It shall be unlawful for any person, except
a duly authorized officer, agent or employee of the town, to dig up,
excavate, tunnel, undermine or in any manner break up any street or
to make or cause to be made any excavation in or under the surface
of any street for any purpose or to place, deposit or leave upon any
street any earth or other excavated material unless such person shall
first have obtained an excavation permit therefor from the Director
of Public Works as herein provided.
No excavation permit shall be issued unless
a written application for the issuance of an excavation permit is
submitted to the Director of Public Works. The written application
shall state the name and address of the applicant, the nature, location
and purpose of the excavation, the date of commencement and date of
completion of the excavation and other data as may reasonably be required
by the Director of Public Works. The application shall be accompanied
by plans or sketches showing the extent of the proposed excavation
work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location
of the excavation work and such other information as may be prescribed
by the Director, and shall be signed by the applicant.
A permit fee shall be charged by the Director of Public Works for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation permit fee shall be in an amount established by the Board of Selectmen pursuant to Chapter
2 of this Code.
Before an excavation permit is issued, the applicant
shall deposit with the Director of Public Works a surety bond payable
to the Town in the amount of 100% of the estimated cost, as prescribed
by the Director of Public Works, of restoring the street opening,
and in no event shall such bond be in an amount of less than $10,000.
A. The required surety bond must be:
(1) With good and sufficient surety.
(2) Issued by a surety company which is authorized to
transact business in this state.
(3) Satisfactory to the Town Attorney in form and substance.
(4) Conditioned upon the permittee's compliance with this
ordinance to secure and hold the Town and its officers harmless against
any and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the Town
or any Town officer may be made liable by reason of any accident or
injury to persons or property through the fault of the permittee,
either in not properly guarding the excavation or for any other injury
resulting from the negligence of the permittee, and to fill up and
restore in good and safe condition as near as may be to its original
condition and to the satisfaction of the Director of Public Works
all openings and excavations made in streets, and to maintain any
street where an excavation is made in as good condition for the period
of 24 months after said work shall have been done, usual wear and
tear excepted, as existed before said work was undertaken. Any settlement
of the surface within said two-year period shall be deemed conclusive
evidence of defective backfilling by the permittee. Nothing herein
contained shall be construed to require the permittee to maintain
any repairs to pavement made by the Town if such repairs should prove
defective.
B. Recovery on such bond for any injury or accident shall
not exhaust the bond, but it shall in its entirety cover any or all
future accidents or injuries during the excavation work for which
it was given. In the event of any suit or claim against the Town by
reason of the negligence or default of the permittee, upon the town's
giving written notice to the permittee of such suit or claim, any
final judgment against the Town requiring it to pay for such damage
shall be conclusive upon the permittee and his surety.
C. An annual bond may be given under this provision which
shall remain in force for one year, conditioned as above, in the amount
as above prescribed and in other respects as specified above and applicable
as to all excavation work in streets by the principal in such bond
during the term of two years from the completion of the work.
[Amended 7-10-2002, effective 7-26-2002]
Upon the filing of the application accompanied by the bond and certificate of insurance, as provided in the preceding section, and payment to the Director of Public Works, for the use of the town, of the application fee as required, the Director of Public Works may issue a permit to the applicant to make the opening or excavation in the street designated in the application. Prior to the issuing of the permit, the Director of Public Works or his designee shall forward the application to the Police Department for notification and approval. The Chief of Police or his designee will, within one business day, return the application to the Director of Public Works with recommendations on whether traffic control is required. The earliest date of the opening of the street shall be set at seven business days from the date the Police Department returns the application to the Director of Public Works. In the case of any work which disrupts public roadways but does not require a permit (e.g., utilities, tree removal or maintenance) the Police Department shall notify the Director of Public Works of such work and any traffic disruptions that it may cause. In addition to the fee, the Director of Public Works may, in lieu of the bond under §
54-39, require of the applicant the deposit of an amount of cash or collateral sufficient to cover the reasonable costs of resurfacing the highway upon completion of the opening or excavation, which deposit may be used as provided in §
54-39 of this ordinance. Unless work shall commence under the permit within 30 days from the date of issuance, such permit shall expire, unless the same is renewed by the Director of Public Works for a like term upon the payment of a like fee.
[Amended 7-10-2002, effective 7-26-2002]
In order to protect the public from accidents
and to minimize the impediment of vehicular and/or pedestrian traffic
within the limits of any town or state roadway within the limits of
the Town of New Canaan, the Chief of Police or his/her designee may
require that traffic control services and/or devices be employed by
the person or entity conducting such work or responsible for such
activity, consistent with such rules and regulations as the traffic
authority of the town may enact. Traffic control services may be required
for excavation work, for which a permit has been approved. They may
also be required for any contractors' and/or utilities' operations
which are engaged in work that disrupts normal traffic or pedestrian
movement. The permittee or contractor shall take appropriate measures
to assure that, during the performance of the excavation or other
work, traffic conditions shall be maintained as nearly normal as practicable
at all times so as to cause as little inconvenience as possible to
the occupants of the abutting properties and to the general public.
In addition, the Director of Public Works may require the closing
of streets to all traffic for a period of time if, in his opinion,
it is necessary. The permittee or contractor shall route and control
traffic, including its own vehicles, as directed by the Town Police
Department. The following steps shall be taken before any highway
may be closed or restricted to traffic:
A. The permittee or contractor must receive the approval
of the Director of Public Works and/or the Police Department, as appropriate.
B. The cost and expense of such traffic control measures
shall be borne by the person or entity conducting or responsible for
such work or activity. In the event that traffic direction services
are required, such services shall be obtained from the New Canaan
Police Department, provided that, if the New Canaan Police Department
is unable within a reasonable time to furnish the officer or officers
that may be required, a qualified traffic flag person or persons may
alternatively be employed until a police officer is available to be
assigned.
C. The permittee or contractor will insure that notifications
are made to all emergency services and the Director of Public Works
regarding any approved street closure, the duration of the closure,
and the resumption of normal traffic flow following removal of the
closure. These notifications may be conveyed by the Police Department
if department personnel have been hired to regulate such closure.
D. Through traffic shall be maintained without detours,
if possible. In instances where prolonged detours are required, they
shall be designated by the Director of Public Works. Temporary detours
may be designated by the Police Department. The town shall maintain
the surfaces of existing highways designated as detours without expense
to the permittee or contractor; however, in the event that there are
no existing highways, the permittee or contractor shall construct
all detours at his expense and in conformity with the specifications
of the Director of Public Works.
E. The permittee or contractor will be responsible for
any unnecessary damage caused to any highways by the operation of
his equipment.
The excavation work shall be performed and conducted
so as not to interfere with access to fire stations and fire hydrants.
Materials or obstructions shall not be placed within 15 feet of fire
plugs. Passageways leading to fire escapes or fire-fighting equipment
shall be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable
timber barriers to confine earth from trenches or other excavations
in order to encroach upon highways as little as possible. The permittee
shall construct and maintain adequate and safe crossings over excavations
and across highways under improvement to accommodate vehicular and
pedestrian traffic at all street intersections. Vehicular crossings,
decking and pedestrian crossings shall be provided as required by
the Director of Public Works.
A. The permittee shall not interfere with any existing
utility without the written consent of the Director of Public Works
and the utility company or person owning the utility. If it becomes
necessary to remove an existing utility, this shall be done by its
owner.
B. No utility owned by the Town shall be moved to accommodate
the permittee unless the cost of such work is borne by the permittee.
The cost of moving privately owned utilities shall be similarly borne
by the permittee unless it makes other arrangements with the person
owning the utility. The permittee shall support and protect by timbers
or otherwise all pipes, conduits, poles, wires or other apparatus
which may be in any way affected by the excavation work and do everything
necessary to support, sustain and protect them under, over, along
or across said work. In case any of said pipes, conduits, poles, wires
or apparatus should be damaged, they shall be repaired by the agency
or person owning them, and the expense of such repairs shall be charged
to the permittee and his or its bond shall be liable therefor. The
permittee shall be responsible for any damage done to any public or
private property by reason of the breaking of any water pipes, sewer,
gas pipe, electric conduit or other utility and the bond shall cover
such damage.
C. The permittee shall be responsible for determining
the existence and location of all underground utilities and shall
protect the same against damage.
A. The permittee shall at all times and at his or its
own expense preserve and protect from injury any adjoining property
by providing proper foundations and taking other measures suitable
for the purpose.
B. Where, in the protection of such property, it is necessary
to enter upon private property for the purpose of taking appropriate
protective measures, the permittee shall obtain a license from the
owner of such private property for such purpose, and, if he cannot
obtain a license from such owner, the Director of Public Works may
authorize him to enter the private premises solely for the purpose
of making the property safe.
C. The permittee shall, at his expense, shore up and
protect all buildings, walls, fences or other property likely to be
damaged during the progress of the excavation work and shall be responsible
for all damage to public or private property or highways resulting
from his failure to protect and carry out properly said work.
D. Whenever it may be necessary for the permittee to
trench through any lawn area, the sod shall be carefully cut and rolled
and replaced after ditches have been backfilled as required in this
ordinance. All construction and maintenance work shall be done in
a manner calculated to leave the lawn area clean of earth and debris
and in a condition as nearly as possible to that which existed before
such work began. The permittee shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas or easements
across private property without first having notified and obtained
the consent of the property owner or, in the case of public property,
the appropriate Town department or official having control of such
property.
Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
over said excavation on the line of the sidewalk, which bridge shall
be at least three feet wide and securely railed on each side so that
foot passengers can pass over safely at all times.
The permittee shall erect such fence, railing
or barriers about the site of the excavation work as shall prevent
danger to persons using the Town street or sidewalks, and such protective
barriers shall be maintained until the work is completed or the danger
removed. At twilight there shall be placed upon such place of excavation
and upon any excavated materials or structures or other obstructions
to streets suitable and sufficient lights which shall be kept burning
throughout the night during the maintenance of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective barriers or any lights provided there
for the protection of the public.
It shall be unlawful for the permittee to suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device constituting an attractive
nuisance.
All material excavated from trenches and piled
adjacent to the trench or in any street shall be piled and maintained
in such manner as not to endanger those working in the trench, pedestrians
or users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Director of Public Works shall have the
authority to require that the permittee haul the excavated material
to a storage site and then rehaul it to the trench site at the time
of backfilling. It shall be the permittee's responsibility to secure
the necessary permission and make all necessary arrangements for all
required storage and disposal sites.
All damage done to existing improvements during
the progress of the excavation work shall be repaired by the permittee.
Materials for such repair shall conform to the requirements of any
applicable code or ordinance. If, upon being ordered, the permittee
fails to furnish the necessary labor and materials for such repairs,
the Director of Public Works shall have the authority to cause said
necessary labor and materials to be furnished by the town, and the
cost shall be charged against the permittee, and the permittee shall
also be liable on his or its bond therefor.
Property lines and limits of easements shall
be indicated on the plan of excavation submitted with the application
for the excavation permit, and it shall be the permittee's responsibility
to confine excavation work within these limits.
As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All
cleanup operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Director of Public Works. From time to time, as may be ordered
by the Director of Public Works and in any event immediately after
completion of said work, the permittee shall, at his or its own expense,
clean up and remove all refuse and unused materials of any kind resulting
from said work, and, upon failure to do so within 24 hours after having
been notified to do so by the Director of Public Works, said work
may be done by the Director of Public Works and the cost thereof charged
to the permittee, and the permittee shall also be liable for the cost
thereof under the surety bond provided hereunder.
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as existed before
undertaking such work or shall make such provisions for them as the
Director of Public Works may direct. The permittee shall not obstruct
the gutter of any street, but shall use all proper measures to provide
for the free passage of surface water. The permittee shall make provision
to take care of all surplus water, muck, silt, slickings or other
runoff pumped from excavations or resulting from sluicing or other
operations and shall be responsible for any damage resulting from
its failure to so provide.
Whenever it is necessary to break through existing
pavement for excavation purposes and where trenches are to be four
feet or over in depth, the pavement in the base shall be removed to
at least six inches beyond the outer limits of the subgrade that is
to be disturbed, in order to prevent settlement, and a six-inch shoulder
of undisturbed material shall be provided in each side of the excavated
trench. The face of the remaining pavement shall be approximately
vertical. A power-driven concrete saw shall be used so as to permit
complete breakage of concrete pavement or base without ragged edges.
Asphalt paving shall be scored or otherwise cut in a straight line.
Tunnels under pavement shall not be permitted
except by permission of the Director of Public Works and, if permitted,
shall be adequately supported by timbering and backfilling under the
direction of the Director of Public Works.
Backfilling in any street opened or excavated
pursuant to an excavation permit issued hereunder shall be compacted
to a degree equivalent to that of the undisturbed ground in which
the trench was dug. Compacting shall be done by mechanical tappers
or vibrators, by rolling in layers or by water settling, as required
by the soil in question and sound engineering practices generally
recognized in the construction industry. The decision as to whether
a trench shall be backfilled by water settling shall be based upon
such engineering practices and shall be made by the Director of Public
Works.
A. Backfilling by water settling. When backfilling is
done by water settling, excavated materials above utility installations
shall be deposited uniformly in layers of not more than five feet
in thickness and shall be thoroughly flooded. During the flooding,
the water shall be allowed to flow slowly to the trench from high
points and shall be worked down to the full depth of the layer of
backfill with bars. All bars used shall be long enough to extend entirely
through the layer being filled and shall be forced down through the
loose backfill material. As the bars are withdrawn, the water shall
be allowed to flow downward around the bar. The channel or hole formed
by the bar shall be kept open and the water kept running into it until
the fill has settled. All work shall be done in such manner as to
obtain a relative compaction through the entire depth of the backfill
of not less than that existing adjacent to the excavation.
B. Dry backfilling. Backfilling up to the first 18 inches
above the top of the utility pipes or similar installations shall
be done with thin layers. Each layer is to be tamped by manual or
mechanical means. Layers that are hand tamped shall not exceed four
inches in thickness. Layers that are power tamped shall not exceed
six inches in thickness. The same requirements shall apply to the
remainder of the backfilling if tamping is the method used for backfilling.
Backfilling of all pipes of over 24 inches in diameter shall be carried
up to the spring line of the pipe in three-inch layers, with each
layer moistened and thoroughly tamped with suitable mechanical equipment.
The backfill around all pipes 24 inches or less in diameter shall
be flooded or tamped as specified above to a depth of 18 inches above
the top of the pipe before any additional backfilling is placed thereon.
C. Backfill material. Whenever any excavation for the
laying of pipe is made through rock, the pipe shall be laid six inches
above the rock bottom of the trench and space under, around and six
inches above the pipe shall be backfilled with clean river sand, noncorrosive
soil or one-fourth (1/4) inch minus gravel. Broken pavement, large
stones and debris shall not be used in the backfill.
D. Backfilling at the surface. Backfilling shall be completed
by placing the backfill material well over the top of the trench.
For dry backfilling, the material shall be compacted with a roller
of an approved type or with the rear of a truck carrying at least
five tons until the surface is unyielding. The surface shall then
be graded as required.
The permitted shall restore the surface of all
streets broken into or damaged as a result of the excavation work
to its original condition in accordance with the specifications of
the Director of Public Works.
A. Temporary restoration.
(1)
The permittee may be required to place a temporary
surface over openings made in paved traffic lanes. Except when the
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the paving slab shall be made with suitable
material well tamped into place, and this fill shall be topped with
a minimum of at least one inch of bituminous mixture which is suitable
to maintain the opening in good condition until permanent restoration
can be made. The crown of the temporary restoration shall not exceed
one inch above the adjoining pavement. The permittee shall exercise
special care in making such temporary restorations and must maintain
such restorations in safe traveling condition until such time as permanent
restorations are made. The asphalt which is used shall be in accordance
with the specifications of the Director of Public Works.
(2)
If, in the judgment of the Director of Public
Works, it is not expedient to replace the pavement over any cut or
excavation made in the street upon completion of the work allowed
under such permit by reason of the looseness of the earth or weather
conditions, he may direct the permittee to lay a temporary pavement
of wood or other suitable material designated by him over such cut
or excavation to remain until such time as the repair of the original
pavement may be properly made.
B. Permanent restoration of the street shall be made
by the permittee in strict accordance with the specifications prescribed
by the Director of Public Works to restore the street to its original
and proper condition or as near as may be.
C. Acceptance or approval of any excavation work by the
Director of Public Works shall not prevent the Town from asserting
a claim against the permittee and his or its surety under the surety
bond required hereunder for incomplete or defective work if discovered
within 24 months from the completion of the excavation work. The Director
of Public Works' presence during the performance of any excavation
work shall not relieve the permittee of its responsibilities hereunder.
D. Town's right to restore surface. 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 by such
permit or shall otherwise have failed to complete the excavation work
covered by such permit, the Director of Public Works, if he deems
it advisable, shall have the right to complete all work necessary
to restore the street and to complete such work. The permittee shall
be liable for the actual cost thereof and 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 for such work and shall apply in payment of the amount due any
funds of the permittee deposited as herein provided and the Town shall
also enforce its rights under the permittee's surety bond provided
pursuant to this ordinance.
E. It shall be the duty of the permittee to guarantee
and maintain the site of the excavation work in the same condition
as existed prior to the excavation, for two years after restoring
such site to its original condition.
Except by special permission from the Director
of Public Works, no trench shall be excavated more than 250 feet where
pipe has been laid. The length of the trench that may be opened at
any one time shall not be greater than the length of pipe and the
necessary accessories which are available at the site ready to be
put in place. Trenches shall be braced and sheathed according to generally
accepted safety standards for construction work as prescribed by the
Director of Public Works. No timber bracing, lagging, sheathing or
other lumber shall be left in any trench.
The permittee shall prosecute with diligence
and expedience all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition, or as near as may be, as soon as practicable and
in any event not later than the date specified in the excavation permit
therefor.
If, in his judgment, traffic conditions, the
safety or convenience of the traveling public or the public interest
require that the excavation work be performed as emergency work, the
Director of Public Works shall have full power to order, at the time
the permit is granted, that a crew be employed by the permittee 24
hours a day, to the end that such excavation work may be completed
as soon as possible.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any street breaks, 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 and 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 Director of Public Works office is open for business
and shall not proceed with permanent repairs without first obtaining
an excavation permit hereunder.
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. and
7:00 a.m., shall not use, except with the written permission of the
Director of Public Works or in case of an emergency as herein otherwise
provided, any tool, appliance or equipment producing noise of sufficient
volume to disturb the sleep or repose of occupants of the neighboring
properties.
The permittee shall not disturb any surface
monuments or hubs found in the line of excavation work until ordered
to do so by the Director of Public Works.
The Director of Public Works shall make such
inspections as are reasonably necessary in the enforcement of this
ordinance. The Director of Public Works shall have the authority to
promulgate and cause to be enforced such rules and regulations as
may be reasonably necessary to enforce and carry out the intent of
this ordinance.
Users of subsurface street space shall maintain
accurate drawings, plans and profiles showing the location and character
of all underground structures, including abandoned installations.
Corrected maps shall be filed with the Town Director of Public Works
within 60 days after new installations, changes or replacements are
made.
The provisions of this ordinance shall not be
applicable to any excavation work under the direction of Town authorities
by employees of the Town or by any contractor of the Town performing
work for and in behalf of the Town in connection with openings or
excavations in streets.
Any person operating any such public utility
shall comply with the bonding requirements of this ordinance, unless
exempted by § 16-230 of the Connecticut General Statutes.
A permittee, prior to the commencement of excavation
work hereunder, shall furnish the Director of Public Works satisfactory
evidence, in writing, that the permittee has in force and will maintain
in force during the performance of the excavation work and the period
of the excavation permit public liability insurance of not less than
$500,000 for any one person and $500,000 for any one accident and
property damage insurance of not less than $100,000 duly issued by
an insurance company authorized to do business in this state.
This ordinance 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 thereof be deemed to have assumed
any such liability or responsibility by reason of inspections authorized
hereunder or the issuance of any permit or the approval of any excavation
work.