[Amended 5-13-2008]
A.
No person shall dump, place or allow to remain upon
any street or highway any material, object or obstruction of any kind
without first obtaining a permit from the Director of Public Works.
In issuing such permit, the Director may impose such restrictions
as deemed necessary.
B.
Outdoor dining areas.
[Amended 4-11-2023]
(1)
The Director of Public Works may permit outdoor dining
areas associated with established restaurants within the public right-of-way
on an annual basis subject to the following limitations:
(a)
Site plan approval must also be obtained in accord with the requirements of West Hartford Code of Ordinances § 177-37.2. In addition to the requirements of that section, outdoor dining areas located within the public street right-of-way must also meet the following criteria:
[1]
A hard-surfaced pedestrian path not less than
six feet in width and free of all obstructions shall be provided,
running parallel to the street so as to provide an uninterrupted pedestrian
walkway along the full length of the parcel of property upon which
the outdoor dining area is located.
[2]
Outdoor dining areas shall be located only in
the area abutting where the restaurant is located.
[3]
Outdoor dining areas shall not be permitted
within five feet of a crosswalk or driveway.
[4]
The boundaries of the approved outdoor dining
area shall be marked in a permanent fashion approved by the Director
of Public Works.
[5]
Fencing which surrounds the dining area shall
be sturdy and shall be designed to minimize unintended movement or
tipping.
[6]
The Fire Marshal shall approve the location
of the proposed outdoor dining areas.
[7]
The Director of Public Works may impose additional
restrictions upon proposed outdoor dining areas as necessary, in his
discretion, to address site-specific safety issues.
[8]
The Director of Public Works may develop design guidelines for outdoor
dining areas in the public right-of-way.
[9]
The Town Council, by resolution, may establish a fee schedule for
any outdoor dining area in the public right-of-way.
(b)
The proprietor of the restaurant must provide
the Town with proof that it maintains insurance which names the Town
of West Hartford as an additional insured in such types and amounts
as the Director of Public Works may determine to be adequate.
(c)
Any damage done to the public right-of-way by
the permittee or by its patrons shall be repaired promptly. A cash
bond in an amount to be determined by the Director of Public Works,
but not to exceed $2,500, shall be posted by the permittee and retained
by the Town to secure this obligation.
(2)
In the event that a permittee violates any of the
requirements of this subsection, the permit issued pursuant to this
subsection may be revoked immediately, subject to reinstatement upon
proof of full compliance with the requirements of this subsection.
Permits issued pursuant to this subsection may be suspended temporarily
in the event that the Town Manager, Director of Public Works or Director
of Community Development determines that such suspension is required
by the public interest.
No sign of any description shall be placed or
permitted to exist within any street line, except those that may be
so placed by the state or a governmental subdivision thereof or as
otherwise specifically permitted by law.
[Amended 5-10-2005]
No street shall be accepted as a public street
by the Town until a request for such acceptance is filed with the
Town Council for its action accompanied by the following:
A.
Certification by the Director of Community Development
of a list of facilities the Director deems necessary prior to the
acceptance of such street as a public street.
[Amended 10-7-2019]
B.
Certification by the Department of Community Development
that facilities, such as sewerage, water mains and laterals, pavement
of streets and sidewalks, fire hydrants and streetlighting, as deemed
necessary by the Director of Community Development, have already been
provided or, in lieu thereof, that the owner of such street has filed
with the Town acceptable surety or other security guaranteeing such
improvements shall be completed at no cost to the Town.
[Amended 10-7-2019]
C.
Certification from the Town Plan and Zoning Commission
that the street is in conformity with all subdivision requirements
or, in lieu thereof, that said street is not subject to subdivision
requirements.
[Added 5-13-1980; amended 5-10-2005; 10-7-2019]
The Director of Community Development shall
establish a schedule of fees to be charged for any license or permit
required by this chapter.
