[Adopted 2-11-1985 by Ord. No. 223]
No person, firm or corporation shall make or cause to be made
any opening or excavation for any purpose whatsoever within or under
any street, highway or sidewalk in the City of West Haven without
first obtaining a permit from the Director of Public Works, pursuant
to the terms and provisions of this article as hereinafter set forth.
A.
A license to perform specific work within the public rights-of-way
must be issued by the Director of Public Works to any person, firm
or corporation who makes proper application therefor by filing a satisfactory
bond and satisfies the Director of Public Works that he is competent
and intends to perform his work in accordance with all applicable
conditions, rules, regulations and specifications herein contained
or hereafter adopted.
B.
Fees:
[Amended 2-10-2020]
(1)
Single-opening
driveway repaving: $75 for 50 square feet or less; $75 for each additional
200 square feet.
C.
Trench patch fund.
[Added 9-11-2006]
(1)
Applicants for a license are required to make and maintain a deposit
of $1,500 in the City of West Haven's trench patch fund. These funds
shall be held for a period of two years.
(2)
If repairs are ordered by the City pursuant to § 206-27 of this Code, funds shall be used for payment. If the applicant applies for another license and funds were removed to restore a prior excavation, the applicant must make the account whole again. The applicant may request the return of the amount after the expiration of two years if he or she does not intend to work in the City of West Haven again or need to open the street again.
A.
Before a license is granted, every applicant shall provide the Director
of Public Works with a performance bond. This is required for the
faithful performance of the work contemplated. This shall be issued
by an approved surety company licensed in the State of Connecticut.
It shall be for an amount of a minimum of $5,000 and may vary upwards
on larger projects in amounts as required by the Director. This bond
will be in force from April 1 to March 31 and shall be renewed annually
and shall cover any project by the contractor until the expiration
of the maintenance period.
[Amended 9-11-2006]
B.
The maintenance period shall be for one year from completion of the
excavation.
A.
The contractor shall be protected by and shall pay the premiums on
policies of insurance coverage, both employers' liability under Connecticut
law and public liability insuring him against liability to persons
outside of his employ, in the amounts of:
B.
Said policies shall be issued by an insurance company licensed and
admitted in the State of Connecticut.
C.
Special coverage for blasting shall be provided when needed.
D.
Said policies shall include the City of West Haven as the named insured.
E.
The insurance coverage shall show proof of adequate insurance indemnifying
the City of West Haven from any damage.
The Director of Public Works shall issue a license upon receipt
of a surety bond and in accordance with the following regulations:
A.
The applicant shall file his business address with the Director of
Public Works and shall notify said Director of any change. Any orders
or notices that the Director's office may have to give to said applicant,
mailed to the address so filed, shall be considered as due notice
delivered to him personally.
B.
All licenses shall expire on the 30th day of June following the date
of issue unless sooner revoked as herein provided. The license may
be required by compliance with the provisions of this Article.
C.
The Director may at any time cancel or suspend any license for cause.
Cancellation of bond or insurances automatically suspends the license.
D.
No one but a duly licensed contractor or public utility company shall
do any work upon any public right-of-way within the City of West Haven.
E.
All licensed contractors shall file with the Director the name or
names, telephone number and address of persons who may be contacted
in case of emergency after regular working hours.
All excavations made in any public highway in said city shall
be made under the direction or supervision of the Street Excavation
Inspector as the agent of the Director of Public Works.
The permittee, at his own expense, shall replace the highway
in as good a condition as before the work was started and shall repair
any damage caused by his activities under said permit. All repair
and replacement work shall be performed by or under the direction
of the permittee and supervised by the Street Excavation Inspector.
If, in the opinion of said Inspector, the work being performed does
not meet the specifications and conditions, commencing work within
24 hours of notification to make such correction, unless a longer
period of time is allowed by the Director. In the event that said
permittee fails to properly repair or replace said highway, the Street
Excavation Inspector shall order the necessary repairs, and the permittee
shall be liable for the full expense of such work.
No person, firm or corporation shall commence any excavation
until notice of at least 24 hours has been given to the Street Excavation
Inspector. Said Excavation Inspector may waive said notice when, in
his discretion, an emergency exists.
A.
Excavations. The size of the excavation shall be kept as small as
practicable to carry on the work. Any permittee making an opening
or excavation in a public highway paved with cement concrete, bituminous
concrete or any oiled gravel shall cut the surface of pavement with
a pneumatic cutter or its equal. The cut is to be made in as straight
a line as possible for the length of the proposed excavation and to
the depth of the existing pavement. No material shall be placed so
as to interfere as little as possible with the ordinary use of the
highway. If such excavated material must be placed in drainage ditches,
a suitable conduit first shall be installed temporarily in the ditch
to carry drainage beyond the obstruction. Water in a trench must not
be pumped onto the pavement or travelway.
B.
Trenching shall proceed in accordance with latest manual on safety
in construction as published by the William Steiger Occupational Safety
and Health Act of 1970. The trench shall be an ample width at the
bottom to accommodate the structure to be placed and any work on the
structure that conditions necessitate.
C.
Sheeting requirements for excavation to ensure the safety of personnel,
the public, property or proper installation shall be furnished and
placed by the contractor in accordance with good practice and at his
own expense. Requirements and specifications for sheeting shall satisfy
the intent of the William Steiger Occupational Safety and Health Act
of 1970.
A.
All excavations shall be properly protected by barricades, danger
warning signs and, during the night season, by proper flares or proper
warning lights. It shall be one of the conditions of the permits and
the duty of the permittee to maintain these warning lights at all
times that the excavation is open.
B.
In the event that it is necessary to excavate across the entire width
of any street or highway, only 1/2 of the street or highway must be
excavated at one time, and the same shall be properly restored for
safe passing of vehicular traffic before the remaining 1/2 of the
street is excavated.
C.
In the event of any emergency when it shall become necessary to close
the entire street or highway, the Police Department and Fire Department
shall be notified at once of the action to close the street or highway.
A.
Backfilling and paving shall take place only in the presence of the
Street Excavation Inspector or his deputy.
B.
The backfilling of excavations in city highways shall be performed
so that the least possible settling will occur. The excavation shall
be filled with suitable material and thoroughly tamped in a layer
not to exceed six inches in thickness. Acceptability of excavated
material to be used in the backfill shall be determined solely by
the Street Excavation Inspector.
C.
Tamping shall be by means of mechanical rams, vibrators, hand tamps
or by pneumatic tampers. If pneumatic tampers are used, they shall
have a tampering face area of not less than 50 square inches in area,
and each complete assembly shall have a weight of not less than two
pounds per square inch. If a hand tamp is used, it shall weigh not
less than 12 pounds and have a tamping face area of not more than
50 square inches.
D.
When approved or directed by the Street Excavation Inspector, the
backfill shall be thoroughly consolidated by flushing the excavation
with water.
E.
The top eight inches of backfill in the pavement area shall consist
of processed stone and in the shoulder area shall consist of a minimum
of eight inches of processed gravel or processed stone on top of approved
bank-run gravel backfill. Unsuitable material must be removed promptly
from the site of the work by the permittee or his contractor.
F.
Backfill around tree roots shall be placed carefully, tamped and
puddled to prevent air pockets, root damage or settlement.
A.
Temporary pavement repairs and improved shoulder repairs.
(1)
As soon as the excavations have been backfilled and tamped, the pavement
shall be replaced temporarily by the permittee. The temporary pavement
shall consist of a bituminous concrete mixture approved by the Street
Excavation Inspector, compressed to a minimum depth of two inches.
The surface of the temporary pavement shall not extend above or below
the surface of the surrounding permanent pavement and shall be reasonably
smooth. The permittee shall be responsible for the temporary pavement
and shall see that the contractor or his own forces keep this pavement
in repair until the permanent surface can be replaced. Additional
material shall be added, as necessary, as the backfill settles.
(2)
In any case, if the permittee does not maintain the temporary pavement
adequately, the Street Excavation Inspector will order the necessary
repairs to prevent accidents, and the permittee will be charged by
the city for this work.
B.
The licensee shall deposit with the Director of Public Works a sum
of money equal to the estimated cost of the permanent resurfacing
or repaving of said public right-of-way.
C.
A public utility company may request permission from the Director
of Public Works to restore the pavement, at its own expense, under
supervision of the Director of Public Works.
A.
Depending upon the character of the excavation, the depth, the kind
of material used in backfilling, the degree of compactness obtained
and other conditions, the Street Excavation Inspector may require
that the temporary repair of an excavation be maintained until he
is satisfied that the settlement of the backfill material is practically
completed and that the permanent repair can be made without creating
a hazard to the users of the highway. Where it appears that a long
period of time will be required to obtain adequate settlement of backfilled
material, a semipermanent surface of bituminous concrete shall be
placed.
B.
On bituminous concrete highways, a minimum depth of two inches of
compacted, semipermanent surface shall be placed when ordered by the
Street Excavation Inspector, to remain until a permanent bituminous
concrete surfaced can be placed.
C.
Upon replacement of permanent pavement, a cutback of 18 inches must
be made prior to placement of permanent pavement.
All work must be completed to the satisfaction of the Street
Excavation Inspector. Permits become void 30 days after the issuance
of said permit. The Street Excavation Inspector can, upon request
of the permittee, grant an extension of time for what he determines
to be a valid reason.
When permission has been granted orally by the Inspector to
perform emergency work, such as repair of a broken gas or water main,
the person or company concerned must file a written application for
a permit within 24 hours thereafter, in the manner prescribed for
a nonemergency work. Thereupon, a written permit will be sent in confirmation
of the oral permission as a permanent record of the transaction.
There shall be paid to the City of West Haven an excavation
permit fee in the sum of $15 for each excavation job in any street,
highway or sidewalk of the City of West Haven.
The permittee shall pay and make good all losses or damages
arising out of any cause connected with the excavations of said street
and shall indemnify and save harmless the City of West Haven from
any and all claims and any and all liability or responsibility of
every nature and kind for any loss, damage or injury which any person
or persons may sustain or suffer by reason of any cause connected
with the excavation of said street by the permittee.
Any person, firm or corporation violating any of the provisions
of this article shall be fined not more than $50 for each offense
and a like penalty for each day's continuance thereof.
No provisions contained herein shall be deemed to require the
public utilities companies to secure a permit for the installation
of poles, unless such installation involved the excavation of the
traveled portion of the highway.
