[HISTORY: Adopted by the Wilton Town Meeting 1-25-1984. Amendments noted where applicable.]
No person, firm or corporation shall open or excavate any public highway or right-of-way of the Town of Wilton without first obtaining a permit from the Department of Public Works.
Before any permit is issued, the applicant shall file an application on a form prescribed by the Department of Public Works, post the bond and provide evidence of insurance as required by this ordinance and pay the required fee. The fee charged for the roadway opening permit shall be set by the Board of Selectmen.
Each applicant for a permit (other than a public service company or municipal corporation) shall provide cash security or post a performance bond with surety satisfactory to the Town, in an amount as determined by the Board of Selectmen or its authorized agent sufficient to ensure completion of the work and the proper restoration of the street and the maintenance after restoration of any opening. The bond shall be in the name of the applicant as principal, except, however, that where the work is to be done by a contractor other than the applicant, it shall be in the name of the person or entity performing the work.
The bond shall be for a period of 12 months from the date of the permit and shall be conditioned upon the performance by the principal of all work for which the permit was issued, in accordance with specifications for such work as set out by the Director of Public Works, the approval and acceptance by the Town of the restoration, and for the performance after restoration of any and all repairs required for the street or highway as a result of negligent or improper methods or materials or any other fault, defect or omission in the performance or restoration or any street opening or excavation.
Each applicant (except a public service company which has posted a bond with the State of Connecticut as provided in Section 16-230 of the Connecticut General Statutes, covering the type of work to be performed under the terms of the permit) shall carry for the duration of the permit, naming the Town of Wilton as an additional insured party, liability insurance coverage for damage to property and personal injuries and upon the operation of all motor vehicles, including those hired or borrowed, with the minimum coverage limits provided by such insurance policies satisfactory to the Board of Selectmen. Such insurance shall be furnished at no cost to the Town, and the applicant will furnish on a form or forms acceptable to the Town a certificate of insurance fully executed by an insurance company satisfactory to the Town for the insurance policy or policies required above.
After the permit has been obtained by the applicant, it will be his responsibility to notify the Town's Police Department and Fire Department at least 24 hours prior to commencing with work.
During the course of work, adequate warning signs, including warning to turn off two-way radios and/or designated detour routes, lights and police supervision, if necessary, shall be provided by the applicant, at his own expense, subject to approval by the Chief of Police.
The person or firm to whom the permit is issued shall prosecute the work diligently at all times, and the manner of working shall be under the immediate direction of the Director of Public Works. Failure to conform to his direction shall be cause for revocation of the permit.
In the case of highway excavation, the construction procedures established by the Department of Public Works shall be followed. The excavator shall, at all times, keep any adjacent highway areas free of loose material, and measures shall be taken to prevent excessive dusting to minimize the inconvenience to the adjacent landowners and the traveling public. Upon completion of the work covered by the permit, all disturbed surfaces shall be restored to their original condition so far as is reasonably possible, and the person or firm to whom the permit was issued shall be responsible for maintaining the newly surfaced areas for a period of one year after the work is completed.
In case of an emergency, the First Selectman or the Director of Public Works may authorize or ratify the opening of or excavation within a public highway without following the procedures and requirements of this ordinance.
Any person who violates any provision of this ordinance shall be fined not less than $25 nor more than $100.