[Ord. No. 13-01[1], 1-22-2013]
(a)Â
The Town Manager or the Town Manager's designee may adopt from
time to time such rules, regulations and specifications for the conduct
of work within the public right-of-way as he may deem for the best
interests of the Town.
(b)Â
As used herein the term "person" shall include natural person, corporation,
limited liability company, utility or other legal entity capable of
entering into contracts in the State of Connecticut.
(c)Â
All excavation and related work within the right-of-way shall be
between the hours of 8:00 a.m. and 3:30 p.m. unless granted special
permission by the Town Manager or the Town Manager's designee.
[1]
Editor's Note: This ordinance also superseded former
Art. III, Excavations; Driveways, adopted as §§ 19.05.01
through 19.05.11 of the 1961 Code, as amended.
[Ord. No. 13-01, 1-22-2013]
(a)Â
No person shall make any excavation in or dig below the surface within
the public right-of-way unless he has obtained a license to do so,
issued by the Town Manager or the Town Manager's designee. The
Town Manager or the Town Manager's designee may license any person
found by him to be competent, who shall apply to him on forms provided
for the purpose, and shall comply with the conditions set forth herein
governing such license. The determination of the Town Manager or the
Town Manager's designee shall be based upon the requirements
of public safety customary standards reasonably to be expected of
persons engaging in such type of work. Such license shall expire annually
on December 31 and shall be renewed upon application provided the
contractor has satisfactorily completed the restoration of all prior
inspections. A fee established by the Council and published in the
Windsor Price Guide shall be collected by the Town Manager or the
Town Manager's designee from persons who have not previously
been licensed or who have not had their license renewed in five years.
The annual renewal fee of the license shall be established by the
Council and published in the Windsor Price Guide. The public service
utilities will not be required to obtain licenses for utility personnel.
(b)Â
No person or utility shall dig within the public right-of-way in
the Town until they have applied for and secured a permit to do so,
issued by the Town Manager or the Town Manager's designee. A
separate permit shall be required for each location or address at
which the excavator proposes to work except that only one permit shall
be necessary for main line construction or for adjacent locations
at the same property. Such work shall be constructed according to
regulations established by the Town Manager or the Town Manager's
designee. The fee for each such permit shall be established by the
Council and published in the Windsor Price Guide. An application for
the permit required by this section shall be signed by the person
doing the work or an authorized agent. The applicant must agree that
he will:
(1)Â
Do the contemplated work in accordance with the rules, regulations
and specifications of the Town Manager or the Town Manager's
designee;
(2)Â
Maintain cut pavement with a temporary patch;
(3)Â
Restore pavement as required;
(4)Â
Maintain the disturbed area for three years after the work has been
completed.
(c)Â
Every person making application for a street excavation license shall
file with the engineering department a cash bond or a satisfactory
bond from a surety company authorized to do business in the state,
in the minimum sum of $10,000, or an amount to be established by the
Town Manager or the Town Manager's designee and conditioned substantially
that the applicant shall indemnify and save the Town and its agents
harmless from all suits and actions brought against the Town or any
officer thereof for or on account of any injuries or damage received
or sustained by any person in consequence of, or resulting from, any
work performed by the applicant, the applicant's servants or
agents, or any negligence in guarding such work, or any act or omission
of the applicant, the applicant's servants or agents; and that
the applicant shall faithfully perform such work in all respects and
shall repair any area in which the applicant, the applicant's
servants or agents shall make any excavation, in accordance with Town
standards, and guarantee such work for three years. The applicant
must also agree to indemnify and save the Town harmless from all damages
caused by the applicant's acts or omissions while acting under
the inspections issued and shall supply evidence of insurance as required
to the Town Manager or the Town Manager's designee. If the applicant
is unresponsive to the town's requests for repairs, by filing
this bond, the applicant acknowledges the town's right to call
on this bond to fund any necessary repairs to be made directly by
the Town.
(d)Â
The provisions of subsections (a), (b) and (c) of this section shall not apply to work performed directly by Metropolitan District Commission employees, provided that the Metropolitan District Commission shall be liable to any person who receives actionable injury through excavations which it makes or causes to be made in or below any street, sidewalk or public way in the Town, and the Metropolitan District Commission shall be liable to indemnify and reimburse the Town for any loss sustained by it by reason of any such excavation or negligent maintenance of such excavation.
[Ord. No. 13-01, 1-22-2013]
No such permit shall be issued until after receipt of an application,
to be made in writing on forms provided by the Town Manager or the
Town Manager's designee and signed by the applicant or applicant's
authorized representative.
[Ord. No. 13-01, 1-22-2013]
An obstructions permit will be required as described in Section 15-61.
[Ord. No. 13-01, 1-22-2013]
Upon the filing of an application and security as provided in
this article, aforesaid, and payment of the required fee, the Town
Manager or the Town Manager's designee shall cause to be issued,
on forms provided by the Town Manager or the Town Manager's designee,
a permit specifying the nature and location of the work, which terms
and conditions shall be based upon the requirements of the public
welfare and safety; and the time within which said work is to be completed,
but such time shall not be longer than one year from the date of said
permit. Notwithstanding such other conditions as may be imposed, it
shall be a condition of each permit issued under this article that
the permittee shall for a period of one year from the date of issuance
of such permit, save harmless the Town from all claims for penalties
and damages arising from or in consequence of any work performed by,
or any act or omission of, the applicant under such permit.
[Ord. No. 13-01, 1-22-2013]
Permits issued under the provisions of this article shall expire
on December 31. Repairs to work commenced prior to December 31 of
the previous year are considered to be extensions of work covered
under the original permit and do not require license renewal or new
permits provided they are done by the same permit holder and proof
of insurance is current. In the event a permit is obtained and work
has not commenced before December 31, the permit holder will be required
to be licensed in the new year and to obtain a new permit for the
work; however, the permit fee will be waived.
[Ord. No. 13-01, 1-22-2013]
No such permit shall be issued until after the applicant has
filed with the Town a certificate of insurance adding the Town as
an additional insured and providing the endorsement of such and showing
limits of liability equal to or exceeding the coverage carried by
the Town conditioned substantially that the applicant shall indemnify
and save harmless the Town and the Town Manager and/or the Town Manager's
designee and agents from all suits and actions of every name and description
brought against the Town, or any officer of the Town for or on account
of any injuries or damages received or sustained by any person in
consequence of, or resulting from, any work performed by the applicant,
and the applicant's servants or agents, or of, or from, any negligence
in guarding said work or of, or from, any act of omission of said
applicant, or said applicant's servants or agents. Any exception
to these limits of coverage is subject to the sole discretion of the
Town Manager.
[Ord. No. 13-01, 1-22-2013]
(a)Â
The Town Manager or the Town Manager's designee is empowered
to inspect or cause to have inspected, at any time all work being
performed under a permit issued under the provisions of this article.
(b)Â
If, in the opinion of the Town Manager or the Town Manager's
designee, the public safety and welfare so warrant, such officer may
direct the permittee to restore any excavation or remove any obstruction
within 12 hours of such notice and, if such excavation is not restored
or such obstruction removed within said period, the Town Manager or
the Town Manager's designee may cause such work to be done and
the permittee shall be responsible for the full expense of such work.
[Ord. No. 13-01, 1-22-2013]
(a)Â
None of the foregoing provisions of this article shall apply to any
work performed in connection with the maintenance, repair, replacement
or relocation of existing utility poles owned by any public service
company, or to the erection of any temporary protection warning signs
or devices.
(b)Â
The filing of an application, including fee and surety bond shall
not apply to the initial installation of utility poles owned by any
public service company in connection, with the extension of service
by such company.
(c)Â
Nothing in this article shall be construed to prevent or unduly delay
the making of any necessary excavation or the performance of any work
related thereto by any public service company in the event of an emergency,
and in such cases such public service company may proceed with such
work without regard to the provisions of this article, provided that
within a reasonable period of time after the cessation of such emergency,
and not longer than 10 days, all applicable provisions of this article
shall become effective with respect to such work.
[Ord. No. 13-01, 1-22-2013]
Nothing herein contained shall be construed to relieve any permittee
from any obligations or liabilities to the Town or to any other parties
which may be imposed upon such permittee by law.
