[Adopted by the Board of Selectmen 8-6-1979]
No person other than the Director of the Department
of Public Works, Town employees or agents under his supervision shall
dig up or remove any turf, dirt or stone from, nor make any excavation
or opening in or upon, any portion of any street, highway, park, sidewalk,
crosswalk, public place or right-of-way, except after the acquisition
of a permit and subject to the provisions of this section.
In all cases where the work of making any such
excavation, opening, removal, change or repair shall be performed
by any person other than the Director of the Department of Public
Works, Town employees or agents as aforesaid, the person desiring
such excavation or change shall make application to the Director for
issuance of a permit, and said Director is hereby authorized to issue
such a permit; provided, however, he shall have first obtained from
such person the location of the intended excavation or opening, the
size thereof, the purpose therefor and the person, firm or corporation
doing the actual excavation work and the name of the person, firm
or corporation for whom the work is being done, together with a signed
acknowledgment by the applicant to save the Town free and harmless
from any injury or claim arising out of the work to be done, and further
that he has knowledge of the existence of this article and intends
to comply fully with its provisions as well as all other ordinances
and laws relating to the work to be done.
The fee for such permit shall be $10 payable
to the Town of Brookfield. The Director of the Department of Public
Works may require from the applicant a bond with suitable surety in
an amount of at least double the cost as estimated by him of making
such excavation or opening, which bond shall be conditioned on the
performance of said work in a workmanlike manner and on the restoration
by the applicant of said street, highway, sidewalk, crosswalk, public
place or right-of-way as nearly as can be to its former condition,
and further conditioned that, in the event any part of said work shall
not be done in workmanlike manner or the excavated area shall not
be restored within a reasonable time to the same conditions as it
was in prior to the making of such excavation or opening, the Director
of the Department of Public Works shall, at the expense of the applicant,
be authorized to complete said work and to collect the cost of said
work out of said bond given as aforesaid or out of any cash deposit
given in lieu thereof.
All persons, after obtaining the permit from
the Director of the Department of Public Works to make an excavation
or opening in the streets, highways or public areas of the Town for
any purpose, and before beginning work for said openings or excavations,
shall forward a copy of the issued permit to the Chief of the Police
Department, together with a time schedule and location of the work
to be done, and upon completion of such work, the Chief shall again
be notified.
A.
Whenever any excavation shall be made in any of the
streets or sidewalks of the Town, the person in charge thereof shall
cause large, well-lighted lanterns or battery-operated amber flashing
warning lights attached to a barricade to be kept burning around the
same during the night, placed in such a manner that a reasonable person
would take notice of such warning device and be prevented from entering
such excavation.
B.
Whenever road construction, repair or excavation causes
vehicular traffic to be detoured from that road, the person in charge
thereof shall cause to be placed large signs and arrows indicating
such detour and direction for vehicular traffic to follow. Such barricades
shall be erected in a manner that will completely block vehicular
traffic from such construction, repair or excavation, except that
the person in charge may allow a single lane to be opened for the
entrance and exit of construction equipment or other vehicles allowed
to pass. Such barricades shall be equipped with lighting devices as
previously defined in this section. Signs shall be placed at least
150 feet before such detour, warning of same.
[Amended 11-4-2002]
Whenever the normal flow of vehicular traffic
is interrupted by construction, excavation or repair of any nature
upon rights-of-way of the Town of Brookfield, the Chief of Police
may order the person responsible for such work to secure police traffic
control to insure the safe and orderly flow of the traffic and the
prompt enforcement of traffic laws. The cost of such police supervision
shall be assumed by the person conducting such construction, excavation
or repair. In exercising his decision of whether or not to require
police personnel for such activities, the Chief of Police shall take
into account the width and condition of the proposed road site and
surrounding roads, the posted speed limit, the time of day during
which activities will occur in relationship to peak volume of traffic,
the normal volume of traffic expected upon said road during said hours,
the line of sight, known traffic patterns including excessive speeds
or accidents known for the site or the vicinity, the scope and length
of time of the proposed construction, excavation or repair activity,
and such other factors as may impact safety at the site as may be
appropriate. The Chief of Police or, in his absence, the next in command,
shall render his decision on whether or not police supervision is
required within 72 hours (excluding any portion of a day the Town
Hall is closed for weekend or holidays) of any written application
for a decision on such issue. Absent the rendering of a decision within
such time frame, it shall be assumed that the Chief of Police or his
next in command has determined that police supervision is not necessary
for the site. Any decision of the Chief of Police or his next in command
under this section may be appealed to the Police Commission by any
party aggrieved thereby by filing a written objection within five
days of such decision with the Police Commission in care of the Brookfield
Town Clerk. The Police Commission shall hear such appeal in an open
forum and render a decision thereon within 60 days of filing any appeal.
Upon the failure of the Police Commission to render a decision within
60 days, any appeal by an applicant shall be deemed to be sustained.
Anyone receiving an adverse decision from the Police Commission may
pursue such other appeals or legal remedies to the Superior Court
as may exist under the law.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any street breaks, bursts or
otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the person owning or controlling
such sewer, main, conduit or utility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facility shall apply
for a permit not later than the end of the next succeeding day during
which the office of the Director of Public Works is open for business
and shall not proceed with permanent repairs without first obtaining
an excavation permit hereunder.
This article shall not be construed to apply
to the installation or replacement by a public utility of overhead
services, provided that the limit of the work area does not disturb
nor damage the paved or surfaced streets or public rights-of-way.
Notwithstanding this exemption, no person or firm so engaged shall
park his or its equipment or vehicles in such a manner as to impede
traffic, create any hazardous conditions nor otherwise violate any
provisions of the Connecticut General Statutes.
A.
For the purposes of this article, night shall be construed
to run from 1/2 hour before sunset to 1/2 hour after sunrise.
B.
For the purpose of this article, the term person shall
mean and include the singular and plural and shall mean and include
any firm, partnership, corporation or associations.
Any person who violates any provision of this
article shall be fined not more than $100 for each offense. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
