[Adopted 8-20-1963; amended 2-16-1999]
A. 
No person, firm, company, corporation or entity, including a utility company, shall excavate, trench, install equipment, grade, repave or otherwise alter any public right-of-way, public street, boulevard, highway or alley within the Town of Plainville for any purpose whatsoever without obtaining a permit as described hereinafter.
B. 
The foregoing shall not prevent any excavation, trenching, construction, grading, repaving or alteration of the public right-of-way, public street, boulevard, highway or public alley by the Town or its designated agent in the construction or repair of sidewalks, curbing, pavement, drainage facilities, sanitary sewers or similar activities. Also it shall not prevent any person, firm, company, corporation or entity, including a utility company, which has been granted by law or ordinance the right to install gas or water mains or construct electrical and communication systems or other similar services, when the necessity of such construction activities is required, from performing immediate emergency repairs to public utilities, such as a ruptured gas or water main, fallen wires or other similar hazard. In the event an emergency repair is warranted, the responsible person, firm, company, corporation or entity, including a utility company, shall apply for and secure a permit within one business day of commencing such activity. All the rules and regulations hereinafter described shall apply to all emergency repair activities.
Before any person, firm, company, corporation or entity, including a utility company, shall perform any regulated activity, it shall first obtain a permit for such work from the Department of Technical Services. Such application shall include a construction plan and other information deemed important by the Department of Technical Services. The fee for such permit shall be as provided in Chapter 215, Fees, payable when the permit is issued. The permit shall be valid for a period of one year from the date of issuance, and all work shall be fully complete before the permit expires.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-25-2016; 4-20-2020
A. 
The application for such permit shall be upon a form provided by the Department of Technical Services, Part A, Registration of Contractors, and Part B, Type of Construction and Location.
B. 
Registration of Contractors and Requirements: Part A.
(1) 
Any contractor or individual who performs any construction activity, including the installation of driveways and sidewalks within any Town of Plainville right-of-way, shall be registered with the Town of Plainville prior to commencing any such activity. Only licensed contractors, licensed individuals, governmental agencies or public service companies can be registered. Registrations shall be valid from January 1 to December 31 of each calendar year. Each calendar year all contractors or individuals shall renew their registration.
(2) 
Registration forms may be obtained in the Town's Engineering Department or on the Town's website. The requirements to become a registered contractor or individual shall be as follows:
(a) 
Complete and submit a registration form along with a fee of $50 to the Town of Plainville;
(b) 
Homeowners will not be able to register as a contractor. Only licensed professionals will be permitted to register as contractors. Licensed professionals are those contractors and/or individuals that hold and maintain a P1, P7, P-9 or HIC license in the State of Connecticut. Contractors and/or individuals holding and maintaining licenses from other states are not eligible;
(c) 
The contractor and/or individual shall supply the Town an insurance surety bond with a power of attorney, certified check, passbook account for $10,000 and a $2,500 cash bond. The surety bond shall be on an approved form. All bonds shall be effective/valid for two or more years after issuance; and
(d) 
Provide a certificate of insurance. Coverage shall be effective for the entire calendar year with the following coverage:
[1] 
Workers' compensation.
[a] 
Accident.
[b] 
Disease policy limit.
[c] 
Disease each employee.
[2] 
Contractor liability.
[a] 
General aggregate.
[b] 
Products completed ops aggregate.
[c] 
Personal injury advertising.
[d] 
Each occurrence: $1,000,000.
[e] 
Fire damage.
[f] 
Medical expense limit.
[3] 
Automobile liability.
[a] 
Bodily injury and property damage combined single limit.
(3) 
All insurance certificates shall be from carriers authorized to conduct business in the State of Connecticut having an A.M. Best Rating of A- or higher. The applicant agrees to hold harmless, indemnify, protect and defend the Town of Plainville, its agents, servants and employees from any liability for injuries and damages to the contractor, its employees, agents, subcontractors, guests, third parties and incidents to or resulting from any and all operations resulting from the contractor's activities. The limits of the coverage shall be set by the Town's Insurance Commission. Insurance coverage shall be maintained until the Town completes the final restoration or one year after the completion of the work, whatever happens first.
(4) 
Public utility companies shall not be required to post bonds if contrary to the Department of Energy and Environmental Protection regulations. Public utilities shall be billed directly for the actual cost incurred by the Town resulting from deficient work.
C. 
Type of Construction and Location Requirements: Part B. Registered contractors or individuals shall describe the type of construction, location and estimate the magnitude of the impacted area on a form provided by the Town's Engineering Department or the Town's website. A supplementary bond amount will be required for activities in which the impact will exceed more than 100 linear feet. The supplementary bond value will be calculated as follows: for each additional 100 linear feet of right-of-way disturbed or any part thereof, an additional $2,500 will be required.
D. 
Permanent restoration fee process.
(1) 
The permanent restoration of all excavations and utility trenches in any roadway maintained by the Town of Plainville shall be completed by the Town of Plainville and/or contractor retained by the Town of Plainville. All contractors working within the Town of Plainville's right-of-way shall secure a street opening permit prior to any construction activities occurring within the Town's right-of-way and notify the Town of Plainville not less than 48 hours prior to commencing any excavation.
(2) 
At the time of issuance of the street opening permit, the permittee shall deposit a fee equal to the estimated cost of the permanent trench restoration plus 10%. The prepaid fee shall be calculated utilizing units and corresponding prices set by the Town of Plainville. Annually, the Town of Plainville shall set the yearly unit cost for construction items and activities related to trench pavement restoration. A schedule of these units and related costs will be attached to the street opening permit to assist the permittee in determining the value of the prepaid restoration fee. The unit costs will be determined utilizing past unit costs and/or annual bid(s) received for permanent trench pavement restoration.
(3) 
The contractor or individual shall estimate the costs related to the permanent trench restoration. Calculations shall be attached to the street opening permit application. Upon submission of the permit application, the Town will evaluate the contractor's estimate, determining whether it's reasonable and acceptable or adjust the units and/or costs accordingly.
(4) 
The trench restoration dimensions shall be estimated based on the length and width of the impacted area. The width shall be estimated as follows: pipe diameter plus 24 inches plus 12 inches for every average trench depth in excess of four feet. Example width calculation: installation of six-inch pipe at an average depth of five feet: 6 inches + 24 inches + 12 inches = 42 inches or 3.5 feet.
(5) 
The contractor or individual shall be responsible to install, repair and maintain a transitional patch for a period up to one year after the completion of construction. The intent is that the transitional patch will experience one winter season. During the period between the installation of the transitional patch and commencing the process to complete the permanent patch, the permittee shall promptly correct all defects upon order of the Town of Plainville. Failure to promptly act shall result in damage claims resulting from the defect and any costs incurred by the Town to rectify the matter. Any Town-incurred costs will be taken from the cash bond posted with the registration form. The contractor's or individual's contractor's registration will be suspended until the posted cash bond is replenished to $2,500. Multiple infractions (three or more in any eighteen-month time) may result in a temporary or permanent suspension of the contractor's or individual's registration.
(6) 
Upon completion of the permanent trench restoration, the actual work activities shall be measured, and final costs tallied. The actual final cost will be compared to the prepaid estimated cost. Should the final cost exceed the prepaid estimate, the contractor shall be billed the difference. Failure to reimburse the Town for any billed additional costs within 30 calendar days will result in forfeiting those funds from the cash registration bond and suspension of the ability to secure future permits until the cash bond is replenished. Should the owed value exceed the cash bond and the contractor fails to reimburse the Town the additional amount, the Town will invoke any and all penalties as prescribed by law. No permits shall be issued until the cash bond is replenished.
(7) 
The Town shall maintain records of all issued street opening permits. Such records may include the date the street opening permit was issued, contractor or individual's contact information, location and extent of the construction activities, dates the contractor/individual notified the Town when construction was to commence and temporary pavement was installed, value of the prepaid restoration fee and actual cost of the restoration.
A. 
Any person, firm, company, corporation, or entity, including a utility company, working under said permit shall provide, erect and maintain suitable lighted barricades, warning lights, or warning devices as needed or as directed in order to prevent damage or injury to persons, vehicles and property and to minimize the inconvenience and danger to the public by construction operations.
B. 
Barricades shall be of substantial construction and shall be white, having reflective tape or panels to increase visibility. Suitable warning signs shall be positioned and illuminated at night to identify in advance the work area. The type and location of signs and other traffic control devices shall be in accordance with the most current Manual on Uniform Traffic Control Devices as prepared by U.S. Department of Transportation, Federal Highway Administration.
C. 
The applicant or agent shall arrange operations to provide access to properties along the street, including temporary bridges to driveways, and provide access to fire hydrants, gate valves, manholes or other utilities. No road or street shall be closed to the public unless permission is granted by the Plainville Police Department.
D. 
No overnight open excavations will be permitted. All construction activities shall be backfilled to grade at the close of each workday or properly covered with a steel plate.
A. 
All excavations shall be backfilled with acceptable materials. The reuse of existing materials will be permitted only when they are deemed acceptable. The use of saturated and unstable materials shall not be permitted as backfill and shall be removed from the work site by the applicant and replaced with an acceptable granular backfill material.
B. 
The backfill material shall be compacted in lifts not to exceed 12 inches. Compaction shall continue until the density of the compacted material achieves 95% of the theoretical dry density by mechanical means appropriate for the type of operation. Any other methods of compaction must be approved by the Department of Technical Services.
[Amended 7-25-2016; 4-20-2020
A. 
Whenever it is necessary to excavate or trench under or in the vicinity of a public sidewalk, whether stone, bituminous concrete or concrete, a temporary walkway shall be maintained. At the close of each workday, the sidewalk shall be restored in such a manner as to render the walk safe for public use. Upon the completion of construction activities, the applicant shall provide a transitional sidewalk restoration. The intent of the transitional surface restoration is a semipermanent surface, bituminous concrete, that would experience a winter season prior to final restoration. Such surface would be maintained by the permittee for a period up to one calendar year.
B. 
The transitional sidewalk restoration shall be completed within 30 calendar days of finishing the excavation. The sidewalk materials and installation method shall be in accordance with the regulations of the Planning and Zoning Commission.
[Amended 7-25-2016; 4-20-2020
Whenever it is necessary to disturb or remove the roadway curbing, the permittee shall be required to temporarily replace or repair the curbing with bituminous concrete.
A. 
Whenever it is necessary to disturb a lawn area within the right-of-way, the applicant shall replant the disturbed area within 30 days of finishing the excavation.
B. 
A smooth, uniform, friable seed bed shall be provided. Topsoil shall be placed over impacted areas in such quantities as necessary to obtain six inches in depth after natural settlement and compaction, shaped and graded to conform to the adjacent areas, raked free of all material unsuitable for or harmful to plant growth and compacted by means of a light roller weighing not more than 65 pounds per foot width of roller. Starter fertilizer specifically intended for use when establishing a new lawn area shall be incorporated into the topsoil at a rate of 3/4 pound per 100 square feet. A perennial seed mixture consisting of Kentucky bluegrass, fescue and perennial rye shall be sown at a rate of at least 3/4 pound per 100 square feet. The percentage of specific grass seed varieties shall be as recommended by the Connecticut Agricultural Experiment Station for local conditions.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Restoration of lawn areas shall not be performed during the period from November 15 to April 15 unless written permission is granted by the Department of Technical Services. The thirty-day time limit or any portion thereof will be suspended during such period and will not resume until April 15.
A. 
Whenever it is necessary to disturb the pavement in a roadway, the applicant shall be required to maintain and repair a temporary roadway surface patch during construction operations and/or until a permanent restoration can be completed. All temporary patches shall be maintained and any unsafe conditions shall be rendered safe within eight hours of being notified of a problem. If such repairs are not made, the Town of Plainville shall take whatever action is necessary and reasonable and bill the applicant for the costs incurred.
B. 
The temporary patch shall consist of a two-inch bituminous concrete surface over a compacted six-inch processed aggregate base. A cold patch bituminous concrete surface will only be permitted when hot mix bituminous concrete is not locally available. The surface shall be installed and graded even with the surrounding and adjoining existing pavement.
C. 
The applicant shall be required to maintain a temporary roadway surface patch during the period from November 15 to April 15 when a permanent roadway restoration cannot be completed unless permission is granted by the Department of Technical Services.
[Added 4-20-2020[1]]
A. 
A transitional pavement surface restoration shall commence within three business days of the completion of the work. The contractor shall notify the Town of Plainville at least 48 hours in advance of the start of any work related to the installation of the transitional pavement surface restoration.
B. 
The intent of the transitional pavement surface restoration is a semipermanent restoration that would experience a winter season prior to the final pavement restoration. Such a pavement restoration would be maintained by the permittee for a period up to one calendar year.
C. 
Installation of the transitional pavement surface restoration shall begin by removing all the temporary patch material, whether hot or cold-mix bituminous concrete. The edges of the impacted area shall be recut not less than 12 inches wider than the original impacted area to create reasonably straight longitudinal and traverse lines. The width of the cutback shall be increased beyond 12 inches to remove any unsound pavement as directed by the Town of Plainville. Additionally, all rounded edges shall be recut square.
D. 
The subgrade shall be regraded and compacted providing enough depth for the bituminous base and wearing courses. The thickness of the new pavement shall be four inches or equal to the existing pavement thickness, whatever is greater. If required, the permittee shall add or remove subgrade material as necessary to establish the proper grades. During grading, care shall be taken not to disturb or undermine the adjacent pavement or subgrade material. Any areas disturbed during subgrade preparation shall be repaired as directed by the Town of Plainville. Mechanical compaction shall continue until the density of the compacted material achieves 95% of the theoretical dry density.
E. 
Emulsified asphalt tack coat shall be applied to all cut edges prior to the installation of the new bituminous pavement.
F. 
At least two courses of hot-mix bituminous concrete shall be installed. The type and thickness of each course shall be determined by the Town of Plainville. The installation of bituminous concrete shall only occur when weather conditions are favorable. Pavement installed during unfavorable weather conditions shall be ordered removed by the Town of Plainville. The pavement shall be shaped and compacted to conform to the existing crown of the roadway. Compaction shall continue on each course until the density of the pavement achieves 95% of the theoretical density. The finished surface shall meet the existing pavement in a neat and true manner.
G. 
All materials used for the transitional pavement surface restoration shall conform to the applicable Town standards or applicable specifications in the most current State of Connecticut Department of Transportation document “Standards for Roads, Bridges and Incidental Construction.”
[1]
Editor's Note: This ordinance also repealed former § 347-10, Permanent restoration.
[1]
Editor's Note: Former § 347-11, Roadway preparation, § 347-12, Permanent pavement, as amended, and § 347-13, Sealing joints, were repealed 4-20-2020.
Listed below are exceptions to the above-noted restoration requirements:
A. 
The Department of Technical Services may waive the provisions or part thereof of this article if the permitted work is being done in conjunction with future Town roadway reconstruction activities.
B. 
The permittee shall be required to provide funds for an overlay of the entire roadway width at a thickness of 1 ½ inches of bituminous concrete if the area of the permanent restoration exceeds 1/3 of the total area of the roadway.
[Amended 7-25-2016; 4-20-2020[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection C, regarding incorporating the patch into the existing pavement, and which immediately followed this subsection.
[1]
Editor's Note: Former § 347-15, Maintenance period, as amended, was repealed 4-20-2020.
A. 
Any person, firm, company, corporation, or entity, including a utility company, or the member of any firm or officer of any corporation violating any provision of this article shall be barred from performing activities in any public right-of-way, public street, boulevard, highway or public alley as follows:
(1) 
For the first violation, the applicant shall receive a written warning that future rights to perform activities may be suspended.
(2) 
For the second violation, the applicant shall be barred from performing activities for a period of three months from the date of the notice of violation letter.
(3) 
For the third violation, the applicant shall be barred from performing activities for a period of six months from the date of the notice of violation letter.
(4) 
For the fourth and subsequent violations, the applicant shall be barred from performing activities for a period of one year from the date of the notice of violation letter.
B. 
In the event the applicant performs activities while his right is suspended, he shall be subject to a fine of $100 per day for each date he conducted such illegal activity.
C. 
If the applicant has had no violations for a three-year period from the last violation, then he shall be considered as having no prior violations.
D. 
If the applicant wishes to contest a notice of violation letter received from the Department of Technical Services, he shall give written notice to the Director of Technical Services within five days of the date of the letter of his intent to contest. Within 10 days of the date of receipt of the applicant's letter, the Director shall notify the applicant of a date and time for the applicant to meet with the Director. The applicant, at such meeting, shall have an opportunity to present evidence to the Director as to why the suspension shall not go into effect. The Director shall be the sole and final determiner of whether or not the suspension should be lifted. The suspension shall be held in abeyance until the Director has issued his written decision.
[Amended 4-20-2020]
The Director of Technical Services may delegate to any servant, agent or employee of the Town of Plainville any or all of the duties and functions imposed upon the Department of Technical Services by this article and may authorize such person or persons to carry out such duties and functions as he may from time to time assign. Wherever the words "Department of Technical Services" are used in this article, they shall be construed to include such Director and such servants, employees or agents designated.