Town of New Canaan, CT Article II Excavations

[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]

§ 54-34 Title.

This ordinance shall be known and may be cited as the "Street Excavation Ordinance of the Town of New Canaan."

§ 54-35 Definitions.

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.

DIRECTOR OF PUBLIC WORKS

The Director of Public Works of the Town of New Canaan or his agent.

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.

§ 54-36 Permit required.

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.

§ 54-37 Application.

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.

§ 54-38 Permit fees.

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.

§ 54-39 Surety bond.

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.

§ 54-40 Issuance of permit; expiration.

[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.

§ 54-41 Routing and control of traffic.

[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.

§ 54-42 Clearance for fire 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.

§ 54-42.1 Barricades; protection of traffic.

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.

§ 54-42.2 Removal and protection of utilities.

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.

§ 54-42.3 Protection of adjoining property.

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.

§ 54-42.4 Sidewalk excavations.

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.

§ 54-42.5 Protective measures.

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.

§ 54-42.6 Attractive nuisances.

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.

§ 54-42.7 Care of excavated material.

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.

§ 54-42.8 Damage to existing improvements.

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.

§ 54-42.9 Property lines and easements.

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.

§ 54-42.10 Cleanup.

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.

§ 54-42.11 Provisions for watercourses and runoff.

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.

§ 54-42.12 Breaking through pavement.

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.

§ 54-42.13 Tunnels.

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.

§ 54-42.14 Backfilling.

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.

§ 54-42.15 Restoration of surface.

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.

§ 54-42.16 Trenches for pipe laying.

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.

§ 54-42.17 Prompt completion of work.

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.

§ 54-42.18 Urgent work.

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.

§ 54-42.19 Emergency action.

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.

§ 54-42.20 Noise, dust and debris.

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.

§ 54-42.21 Preservation of monuments.

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.

§ 54-42.22 Inspections.

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.

§ 54-42.23 Drawings and maps.

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.

§ 54-42.24 Application to Town work.

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.

§ 54-42.25 Application to public utilities.

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.

§ 54-42.26 Insurance.

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.

§ 54-42.27 Liability of town.

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.