A.
A license to perform specific work within the public rights-of-way
will be issued by the Town Engineer to any person who:
(1)
Makes proper application thereof;
(2)
Files a satisfactory bond;
(3)
Shows evidence of liability insurance as specified in this article;
and
(4)
Satisfies the Town Engineer that he is competent (has sufficient
equipment, manpower and experience) and intends to perform his work
in accordance with all applicable conditions, rules, regulations and
specifications contained in this chapter or hereafter adopted.
[Amended 10-9-2012]
Before a license pursuant to this article is granted, the applicant
must file with the Town Engineer's office an acceptable letter of
credit, in the sum of $5,000, made out on a form provided by the Engineer's
office for the purpose, by a regular indemnity or surety company authorized
to transact business in the state and approved by the Town Engineer.
(Reserved).
A cash deposit of $2,500 must be maintained at all times to
cover the costs of street opening repairs. As the account is drawn
down to 50% or less, no additional permits shall be issued until the
account is returned to the required amount. A deposit in excess of
the minimum required may be made to cover several anticipated excavations
or trench excavations.
The applicant for a license pursuant to this article shall file
his business address and the telephone number at which he may be reached
in case of emergency with the Town Engineer's office and shall notify
such office promptly of any change therein. Any orders or notices
that the Town Engineer's office may have to give to such applicant,
if mailed to the address as filed, shall be considered as due notice
delivered to him personally and shall relieve the Town of further
obligation in the matter.
All licenses under this article will expire on January 1 next
following their date of issue, unless sooner revoked, and a new application
must be made in all respects like the first, and a new license obtained
before any work can be performed thereafter by the licensee. If licensing
occurs after July 1, the license fee shall be prorated.
A.
The Town Engineer may at any time cancel or suspend any license pursuant
to this article for serious violation of this article. Cancellation
of insurance or bond automatically suspends the license.
B.
Any dispute or disagreement arising over any section of this article
may be appealed to the Town Council. Its decision shall be final.
No one but a contractor, duly licensed by the Town Engineer
or governmental agency or public service company, shall do any work
upon any public right-of-way in the Town. Further, the licensed contractor
shall supervise work being done at all times. This section shall not
prevent the making of, without such license, temporary or minor repairs
by the owner of the abutting property.
No licensed contractor or abutting property owner shall transfer
his license or permit under this chapter to any other person for any
purpose whatsoever.
A.
Application for permits to perform any work within the public rights-of-way
in the Town may be submitted in writing by a licensed contractor or
governmental agency or public service company or their authorized
agent on forms provided for the purpose by the Town Engineer. No permit
for excavation shall be issued until the applicant provides a ticket
number issued by the state "call before you dig" agency. No work shall
be commenced or be continued unless the permit is in the possession
of the permittee or his agent at the location of the work.
No permittee shall commence work on a public right-of-way until
such line and grade or the location of buried utilities has been marked.
Notice must be given at the office of the Town Engineer not less than
48 hours, excepting weekends and holidays, before starting any work
for which line, grade or the location of buried utilities, or any
other pertinent information is required to be obtained prior to commencing
work. If any stakes or marks are moved or lost, the permittee shall
not proceed without them but shall notify the office of the Town Engineer
and request their replacement. Any work which is not true to line
and grade shall be ordered by the Town Engineer to be removed and
shall be replaced by the permittee.
Where, in the opinion of the Town Engineer, a test pit or pits are required to ascertain subsurface conditions, they shall be provided by the permittee prior to performing the permitted work at no expense to the Town. The excavation, backfill, and restoration for test pits shall be in accordance with Article III of this chapter, as applicable.
A.
The Town Engineer is empowered to inspect or cause to have inspected
at any time any or all work being performed under a permit issued
under this chapter. If in the opinion of such inspector the work being
performed does not meet the specifications and conditions approved
or required, the permittee shall correct such condition, commencing
work within 24 hours of notification to make such correction, unless
a longer period of time is allowed by the Town Engineer.
B.
Work that has been completed or from which equipment and material have been removed will be subject to the same conditions as those cited in Subsection A, except that at least five days shall elapse before the permittee shall be required to recommence work. If the permittee fails to comply with the requirements of this chapter, the Town Engineer may cause such work to be done, and the permittee shall be liable for the full expense of such work, such expense to be paid within 30 days of billing.
A.
Unless the period of responsibility is waived in writing, in whole
or in part by the Town Engineer, the permittee shall guarantee his
work for a period of 18 months from the date of completion of such
work, during which period insurance and bond as provided in this article
shall remain in full force and effect.
B.
Where failure of the completed work presents a hazard to the public,
the permittee or responsible utility company or agency shall initiate
the necessary repairs or restoration within 24 hours of notice by
the Town. Where a hazard is not immediate, unless otherwise allowed
by the Town Engineer, restoration shall be commenced within five days
of notice. If the permittee or responsible utility fails to comply
with the provisions of this article, the Town Engineer may cause such
work to be done, and the permittee or applicable utility shall be
liable for the full expense of such work, such expense to be paid
within 30 days of billing.
Exceptions to this article are as follows:
A.
The Town Engineer shall waive all requirements concerning licensing,
bond and insurance where work is to be performed by the employees
of any governmental agency or public service company. Nothing in this
section, however, shall be deemed to waive permits. Any such agency
or company, except under this subsection, shall be considered a licensed
contractor for the purpose of this chapter.
B.
None of the provisions of this chapter shall apply to any work performed
by the employees of any public service company in connection with
the installation, maintenance, repair, replacement or relocation of
utility poles owned by any public service company, nor to the erection
of any temporary protective warning signs or devices.
C.
Nothing in this chapter shall be construed to prevent 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.
Any person who violates provisions of Article II through IX of this chapter shall pay a civil penalty for each offense. Each day that the violation exists or continues shall be deemed a separate offense. In any action brought by the Town to collect such civil penalties and/or to enforce this chapter by means of injunction, the violator shall be liable for costs of suit including reasonable attorney's fees. Fines are listed in the Fine Schedule, § 37-2 of this Code, and posted in the Town of Southington website.
