[Amended 7-25-1989]
[Added 2-22-2000[1]; amended 8-14-2007]
A.
No person shall make any excavation in a public street
until that person applies for and secures from the Director of Community
Development a license and a permit to excavate.
[Amended 10-7-2019]
B.
Any person who shall excavate any part of any street, highway or public place of the Town or dig below the surface thereof without first obtaining a license and a permit therefor from the Director of Community Development or without protecting the public against danger therefrom by means of fences, lights and any other precautions expedient or necessary for such protection or who shall violate any rule, regulation, order or specification, whether general or pertaining only to the particular excavation or digging, made by the Director of Community Development or who, having excavated or dug as aforesaid without such license and permit or without such protection or with such violation, shall maintain such excavation or digging or who shall otherwise violate the provisions of this section shall be punished as provided in § 1-8 of Chapter 1 of the Code.
[Amended 10-7-2019]
C.
All licenses shall expire on December 31 next following
their date of issue unless sooner revoked.
D.
The fee for each license shall be $50, and the fee
for each permit shall be $50.
E.
The Director of Community Development shall have the
authority to waive fees for any work performed by a municipal corporation
or for work performed by employees of a private utility, provided
that the utility provides a daily electronic notification of the location
of their work in a format approved by the Director of Community Development.
[Amended 10-7-2019]
F.
The Director of Community Development shall license
all utilities before authorization is given to excavate within public
lands and rights-of-way.
[Amended 10-7-2019]
G.
Work determined to be necessary, under emergency conditions
determined by the utility, shall not require a permit provided that
the utility shall provide electronic notification during the succeeding
workday.
H.
Permits shall reside at the work site and be available
upon request.
[1]
Editor's Note: This ordinance also provided
repealed former § 155-6, Offenses enumerated; penalties.
[Amended 2-22-2000]
A.
The Director of Community Development may, from time
to time, adopt such reasonable general rules, regulations and specifications
for such excavations or digging, the installation or placing therein
of and the type and construction of pipes, wires, cables, conduits
or any other material or thing to be placed therein and the manner
of filling said excavation or digging with dirt or any other material
and may reasonably rule, regulate or specify any such particulars
with respect to any particular excavation or digging as aforesaid.
[Amended 10-7-2019]
B.
Each licensee shall give personal attention to the
work done under the conditions of the license and permit conditions
and shall employ none but competent workers.
C.
The licensee shall be responsible to keep and maintain
the work specified under the permit for the period as outlined in
the bond and certificate of insurance, whichever is shorter.
D.
The applicant shall assume responsibility for the
installation of protective barriers, warning devices and traffic and
pedestrian control personnel necessary for the prevention of accidents
related to the activities associated with the construction activity.
Upon violation of any such rule, regulation
or specification, the Director may cancel any license issued therefor,
and the person licensed shall forthwith fill such excavation or digging
in the manner and with the materials prescribed by the Director.
[Amended 2-22-2000; 10-7-2019]
A.
Every person making application for a license as a street excavator as required by § 155-6 must file with the Director of Community Development and maintain during the duration of said license a public liability insurance endorsement describing coverage for any activity within the rights-of-way of the Town of West Hartford, including but not limited to excavation, grading, modification of the Town's existing infrastructure and installation of extensions or improvements thereto and a satisfactory bond or other acceptable form of surety issued by a surety company authorized to do business in the Town in the sum of $10,000. The required surety shall be in place for two years after the date of excavation, conditioned substantially that:
(1)
The applicant shall indemnify and save harmless the
Town and the Director 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 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 of or from
any negligence in guarding said work or of or from any act or omission
of the applicant, the applicant's servants or agents.
(2)
The applicant shall faithfully perform the work in
all respects and shall also replace and restore that portion of any
street in which the applicant, the applicant's servants or agents
shall make excavation to as good condition as that in which the same
was before the work was performed.
B.
The applicant shall state in the application the applicant's
actual place of business, together with the name under which the business
is done and shall notify the Director of Community Development of
any change in either thereafter. The applicant shall also state in
the application the name of the person for whom this work is being
performed. If the applicant is not the person for whose benefit the
work is being performed, that person shall be identified in the application
and shall be required to be a coapplicant but shall not be required
to be licensed pursuant to these ordinances.
