[Adopted 6-14-1993[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. III, Excavations, adopted as Secs. 24-16 through 24-27
of the 1963 Code.
No person, firm or corporation shall make any
opening, excavation or perform construction work of any kind within,
on or through any roadway, excepting state highways, for any purpose
whatsoever except under the control and direction of the Director
of Public Works or his authorized agent and after receipt of a permit
issued in compliance with the terms hereof and except in conformity
with the terms of this article.
As used in this article, the following terms
shall have the meanings indicated:
That area within the street lines of any town-owned or -maintained
paved street, right-of-way or highway.
The provisions of this article shall not apply to work on driveways, sidewalks and curbs as authorized under Article II of this chapter, except that all applicable provisions of this article shall apply to any such work where undertaken in conjunction with work on roadways authorized under the provisions of this article. Work on driveways, sidewalks and curbs performed under authority of this section shall conform to all applicable provisions of and specifications of Article II of this chapter.
The provisions of this article shall supersede the provisions of Article IV of this chapter to the extent of any conflict.
A license to perform specific work within the public rights-of-way shall be issued by the Director of Public Works or his agent to any person who shall make proper application therefor, comply with the applicable provisions of § 186-21 of this article and satisfy the Director of Public Works or his agent that he is competent and intends to perform his work in accordance with all applicable conditions, rules, regulations and specifications herein contained or hereinafter adopted. A fee as set out in § 62-1 of the Stratford Town Code will be charged for each license issued.
A.
Before such license is granted, every applicant shall
file with the Director of Public Works or his agent a certificate
of liability insurance in an amount not less that $500,000. The town
shall be named as additionally insured on the certificate.
B.
Before such license is granted, every applicant shall
enter into an agreement with the town conditioned substantially as
follows: that the applicant shall indemnify and save harmless the
Director of Public Works and the town of its officers, servants, agents
and employees from all claims, suits, liability and actions for and
on account of any injuries or damages received or sustained by any
person by the applicant, his servants or agents, in connection with
any opening, excavation or other work performed on any such public
right-of-way or from any negligence or omission in guarding the work
or maintaining such work and its immediate area in a safe condition
or of or from any act or omission of the applicant, her servants or
agents.
C.
No permit or license shall be issued if the permittee
has outstanding debts to the town for charges, penalties or fees due
under the provisions of this chapter.
The Director of Public Works or his agent shall issue a license upon compliance with § 186-20 of this article, in accordance with the following provisions:
A.
The applicant shall file his business address with
the Director of Public Works or his agent and shall notify the Director
promptly of any change therein. Any orders or notices the Director
or his agent may have to give to such applicant, mailed to the address
so filed, shall be considered as due notice delivered to him personally.
B.
All licenses will expire on the first day of April
next following the date of issue, unless sooner revoked, and a new
application must be made in all respects like the first, and a new
license obtained before any work can be performed thereafter by the
licensee.
C.
The Director of Public Works or his agent may at any time cancel or suspend any license for cause. Suspension of such license shall occur automatically upon cancellation of any performance bond required under this article, and suspension of such license and any permit granted under § 186-23 of this article shall occur automatically upon cancellation of liability insurance as required under this article.
D.
No one but an excavator duly licensed by the Director or his agent as herein provided shall do any work upon any public right-of-way within the town; this shall not prohibit, without such license, temporary or minor repairs by the owner of the abutting property, to curb, planting area, sidewalk or driveway approach, provided that a permit is obtained for such repairs in compliance with the provisions of Article II of this chapter.
E.
No licensed contractor or abutting property owner
shall transfer his license or permit to any other person for any purpose
whatsoever.
F.
All licensed contractors shall maintain with the Director
of Public Works or his agent the name or names of persons, their telephone
numbers and addresses, who may be contacted in case of emergency.
A.
Application for permits to perform any work within the public rights-of-way in the town must be submitted in writing by a licensed contractor licensed under this article or governmental agency or public service company or their authorized agent on forms provided for the purpose in the office of the Town Engineer. No work shall commence or be continued unless the permit is posted by the permittee or his agent at the location of the work. A fee as set out in § 62-1 of the Stratford Town Code will be charged for each permit.
B.
At the time of license application, before such license or permit shall be granted, every applicant shall file with the Director of Public Works or his agent a surety bond securing to the town complete, competent and proper performance of the permitted work, in an amount deemed sufficient by the Director of Public Works for such purpose, and, where appropriate, work undertaken on driveways, sidewalks and curbs as authorized by § 186-18 of this article. The surety bond will be in effect for a period of three years from April 1 of the permit year in which the permit was applied for.
C.
Before such permit shall be granted, every applicant shall file with the Director of Public Works or his agent an endorsement to such liability insurance policy as is required under § 186-21 of this article naming the town as an insured to the full extent of coverage thereunder.
D.
Before such permit shall be granted, every applicant shall deposit with the Director of Public Works or his agent a cash fee in an amount as the Director of Public Works or his agent shall at his discretion require, subject to the provisions of § 186-21C of this article, which fee shall secure payment as mandated under § 186-28B(9) and (10) of this article.
When any work requires lines or grades be staked,
sufficient notice shall be given to the Town Engineer for scheduling
of such work. No work may proceed until such line and grade has been
marked. All stakes lost, damaged or destroyed by the permittee shall
be restaked by the Town Engineer or his agent. A fee of $250 for restaking,
plus $20 per stake, or in such greater amount as the Director of Public
Works or his agent may require for each stake replaced, shall be paid
by the permittee.
The Director of Public Works or his agent is
empowered to inspect, or cause to have inspected, at any time, any
or all work being performed under a permit issued under this article.
A.
If, in the opinion of the Director or his agent, the
work being performed does not meet the specifications and conditions
approved or required, the permittee shall correct such condition,
commencing work within 24 hours of notification to make such correction,
unless a longer period of time is allowed by the Director or his agent.
B.
Work that has been completed and from which equipment
and materials have been removed will be subject to the same conditions
as those cited in the foregoing subsections, except that, if within
five days the permittee fails to comply with the requirements of this
section, the Director of Public Works or his agent may cause such
work to be done, and the permittee shall be liable for the full expense
of such work, such expense to be paid within 45 days of billing.
C.
All permits shall be voided within six months after
issuance in the event that no work is performed.
D.
The permittee shall guarantee his work for 24 months
after completion, within which time any defects in the work area shall
be permanently repaired.
E.
In the event of the failure of a road patch, the original
contractor will be notified and will repair the same within 12 hours
of notification. Upon failure to comply with this provision, the Director
of Public Works or his agent will direct the repair to be done and
will bill the original contractor. All bills will be paid within 45
days of billing. Delinquent payments will be charged against the surety
bond.
The provisions of this article shall not be
construed to prevent the making of any necessary excavation or the
performance of any work related thereto by any governmental agency
or public service company in the event of any emergency. However,
permits must be obtained the following day.
In the event that the work of the permittee
requires the closing of a public highway for any period of time, notice
shall be given in writing on forms provided to the Director of Public
Works or his agent 24 hours in advance. The Director of Public Works
or his agent may determine the need for closing the highway and may
require the work or work method be so altered as to provide for traffic
flow. The contractor shall provide notice to the Director of Public
Works and the Police and Fire Departments in advance of closing any
public highway.
A.
No person other than an excavator licensed under this
article shall be issued a permit to excavate in any town-owned public
highway.
B.
All permittees shall conform to the following regulations:
(1)
Excavations shall be made in open cut, and no tunneling
will be allowed except by special permission of the Director of Public
Works or his agent and under such additional conditions as he may
impose. Trenches shall be braced and sheeted whenever such bracing
and sheeting are necessary in the opinion of the Director or his agent.
All excavated material shall be compactly piled and shall not interfere
with public travel to any greater extent than necessary.
(2)
Every excavation or opening shall be properly lit and barricaded in accordance with the provisions of § 186-29 of this article. If the location and extent of work is such that, in the opinion of the Director of Public Works or his agent, a traffic director is required, such traffic director shall be provided by the Police Department at the expense of the permittee. Where such traffic director provides services to more than one permittee, each permittee shall be responsible proportionately for such expense.
(3)
Backfill.
(a)
The permittee shall backfill all excavations.
Backfill in trenches within the roadway and paved areas shall be mechanically
compacted in uniform six-inch layers to within three uniform inches
from the pavement surface or the thickness of the payment, whichever
is greater. The materials used for backfill shall be subject to the
inspection and approval of the Director or his agent, and if the excavated
material is unsuitable for backfill, the permittee shall be required
to dispose of such unsuitable material and substitute approved sand,
gravel or other material in the amount and proportions specified by
the Director or his agent. When the backfill has been completed within
13 inches of the finished pavement or surface grade, the next 10 inches
or less shall be filled and compacted using an approved grade of bank-run
or processed gravel.
(b)
The permittee shall temporarily patch all openings
and excavations before reporting completion of work hereunder. Temporary
patching shall be provided immediately upon backfilling and closing
of the excavation or opening. The temporary patch on a year-round
basis shall consist of hot laid bituminous concrete, Class II per
town specifications, placed to the depth of three inches. If such
bituminous concrete is not available, a provisional temporary patch
shall be provided, consisting of cold patch to a minimum depth of
three inches.
(c)
All excavations shall be backfilled or suitably
covered to the satisfaction of the Director of Public Works or his
agent at the end of each workday, unless suitable alternatives have
been preapproved by the Director of Public Works or his agent.
(4)
The pavement surface shall be disturbed only within
the area requiring excavation for repair. An open cut will be allowed
under the following conditions:
(a)
The area to be excavated shall be precut in
a straight line with ninety-degree angles at the point of intersection.
(b)
All edges shall have a clean vertical face.
Any structures shall be leveled to the adjacent surfaces. The permittee
shall be responsible for the placement of state specification Class
II bituminous concrete or cold batch material per town specifications,
in one-and-one-half-inch mechanically compacted layers.
(c)
Completion of such work hereunder shall be reported
immediately upon temporary patching to the Department of Public Works.
(d)
After a proper settling period, all temporary
patches shall be made permanent by the town or a contract representative
of the town. Fees for permanent patching shall be determined by the
Director of Public Works and be posted in the Engineering Department.
Permanent patching shall be in conformance to town specifications
which will require a minimum of six-inch saw cut, or jack hammer cut
back of the temporary patch, vertical face tacked with CRS2 asphalt
emulsion or equal and horizontal perimeter tacking of the final layer.
(e)
Any temporary patch which does not conform to the provisions and specifications of this article, upon 14 days' notice to the permittee or other person responsible therefor under Subsection B(4)(j) of this subsection, shall be opened and repatched by the town or its contract representative and shall be billed to the permittee or such person responsible therefor in accordance with the provisions of Subsection B(4)(f) of this subsection.
(f)
The permittee and persons liable under Subsection B(4)(j) of this section will be billed by either the town or the contract representative of the town for all patching items and for police protection under Subsection B(2) of this section. If billed by the town, there will be an additional percentage charge for administration and handling costs.
(g)
All invoices shall be paid no later than 45
days from the date of billing. A service charge of $25 will be imposed
on accounts 45 days past due.
(h)
The cost for any overtime inspection required
will be borne by the contractor. The minimum cost is four hours at
time and a half in the inspector's rate. If inspectors are not available
to inspect after hours, the excavation should be covered with a steel
plate until an inspection can be made.
(i)
The permittee shall be responsible for the cost
of repairs due to settlement or use of improper backfill material.
Improper backfill will be reexcavated and temporarily patched in accordance
with the provisions and specifications of this article.
(j)
Any opening or excavation made without a permit
shall be immediately filled and temporarily patched and subsequently
permanent patched by the town or contract representative of the town,
in accordance with the provisions and specifications of this article,
and the person making such excavation shall be liable for the full
cost thereof.
(5)
The base and surface materials shall conform to the
current specifications of the Department of Transportation, Bureau
of Highways, and as established by director and on file in his office.
Any persons making any opening or excavation
in any public right-of-way shall erect and maintain a strong and adequate
railing, fence or barrier around any such opening or excavation and
shall keep at and over such opening or excavation a sufficient number
of amber lights to mark the same and to warn pedestrians and vehicles
of its existence, which amber lights shall be kept lit from sunset
to sunrise and at any other time as may be required by the Director
of Public Works or his agent, until such work is completed.
Sanitary sewer connections shall be made in
accordance with an Ordinance Regulating the Laying of Private Drains
and Connections with Sanitary Sewer System of the Town of Stratford
and Providing for the Licensing of Drain Layers and Providing Rules
and Regulations[1] in the Town of Stratford, Connecticut, and as may be amended.
No person other than a contractor licensed under
this article shall be issued a permit to make any connection or construct
any pipeline for surface or subsurface drainage to the stormwater
system of the town except as hereinafter provided:
A.
The property owner shall have signed a waiver of claim
on a form provided by the Director of Public Works or his agent relieving
the town of all responsibility for any and all damages resulting from
such connection and specifically relinquishing any claim such property
owner may otherwise have against the town caused by the backing of
drain water through such drain system.
B.
No permits shall be issued to drain water by means
of pipes into an open gutter or discharge to the ground surface at
the highway line unless authorized by the Director of Public Works
or his agent and in no instance if an underground drainage system
exists in the street abutting the property to be drained.
C.
The Director of Public Works or his agent shall specify
the location at which a connection may be made to the system and may
at his discretion require a backwater valve to be incorporated in
the system.
D.
Where opening of the pavement is required, such opening
shall be undertaken in conformity with all provisions of this article.
Any person, firm or corporation who or which
violates any provision of this article shall be fined not more than
$100 per day the violation continues or imprisoned for not more than
30 days for each offense, or both.
Nothing in these regulations shall be construed
to prevent making of any necessary excavation or the performance of
any work related thereto by any public service company in the event
of an emergency. In the event of an emergency, the public utility
company shall notify the town immediately or, if after hours, the
start of the next Town Hall business day, at which time application
for a permit shall be made. Any public service company which has complied
with the provisions of § 16-230 of the General Statutes
shall be exempted from the requirement of posting a bond as hereinbefore
set forth and shall be further exempted from the requirement of paying
a fee for the cost of permanent patching of said street opening as
hereinbefore set forth, provided that the utility shall place on file
with the Town of Stratford a written agreement constituting a continuing
obligation binding the utility to make the permanent repair required
by this article at its own expense and in such a manner as is required
by this article as if the work were to be done by the town contractor
as further guaranteeing the quality of the workmanship and materials
to the same extent as would the town contractor and agreeing to complete
said work at the times required by the Town Engineer. The utility
shall warranty all its permanent repairs for two years.
