TITLE 19A
ROAD OPENINGS & EXCAVATIONS
1. PERMIT
No person shall open any part of any road or street in the Town of Goshen before (i) submitting an application in writing together with a $150.00 permit fee to the First Selectman for an excavation permit therefore, stating the location, purpose, area, date and length of time required to continue such opening; and (ii) obtaining an excavation permit signed by the First Selectman or the Superintendent of Town Highway Maintenance. No road or street, or any portion thereof, in the Town of Goshen shall be opened after November first or before May first in any calendar year, except in the event of an emergency or other extenuating circumstances as determined in the sole discretion of the First Selectman/Superintendent/Board of Selectmen.
2. SECURITY FOR PERFORMANCE
Before any person shall receive a permit for opening any road or street in the Town, he shall deposit with the First Selectman for the use of the Town for the completion (including without limitation permanent road resurfacing) of any work permitted hereunder and for the restoration of the road or street to the satisfaction of the First Selectman either cash security or a performance bond issued by a recognized Surety Company acceptable to the First Selectman in accordance with the following schedule:
First Each Additional
Kind Surface Sq. Yd Sq. Yd.
Bituminous $75.00 $50.00
Macadam $75.00 $50.00
Oiled or Tarred $75.00 $50.00
Dirt or Gravel $75.00 $50.00
Chip - Sealed $75.00 $50.00
Provided, that in all events the minimum performance bond to be posted hereunder shall be $5,000.00 and the minimum cash security to be provided hereunder shall be $2,000.00.
3. EXCAVATION PROCEDURES
All work permitted hereunder shall be performed in accordance with the following standards and procedures:
(i) At least forty-eight (48) hours prior written notice shall be provided to the First Selectman before any excavation work is commenced, except in the case of an emergency;
(ii) Any bituminous, macadam, oiled or tarred, chip-sealed, or other paved road surface shall be cut with a saw or pavement cutter prior to excavation;
(iii) No excavation shall be commenced before an on-site inspection is performed by Call Before You Dig. The permit holder shall be responsible for ensuring that such on-site inspection is made by Call Before You Dig before work is begun;
(iv) All work shall be performed in a manner which leaves at least one lane of the affected street or road open for safe passage for pedestrians and motor vehicles, including without limitation firefighting equipment and other emergency vehicles;
(v) Prior to the making of an excavation in any road, street or public place in the Town, and until completion of the excavation project, the permit holder shall enclose and illuminate the excavation site by installing barricades, lights and other traffic control devices in accordance with the standards set forth in the Department of Transportation Manual on Uniform Traffic Control Devices, (1988 Edition, Part VI);
(vi) All excavations shall be filled in to the level of the travelled road surface upon the completion of work each day;
(vii) All excess excavated material must be removed by the permit holder;
(viii) All excavations must be filled with clean material as specified in the permit issued hereunder or as otherwise approved in writing in advance by the First Selectman or the Superintendent of Town Highway Maintenance;
(ix) All materials used to fill excavations shall be deposited in layers not to exceed one foot (1’) and each such one-foot layer shall be properly compacted prior to depositing the next layer; and
(x) The excavation site shall be inspected and approved in writing by the Road Foreman prior to the application of temporary road patching.
4. INSURANCE FURNISHED
The applicant shall furnish to the First Selectman a certificate of insurance with a limit of liability of not less than $1,000,000.00 naming the Town of Goshen as an additional insured and insuring the Town of Goshen against all liability and claims for bodily injury, death or property damage resulting from or connected with any excavation of any street or road or other public right of way in the Town of Goshen. No permit shall be granted until such certificate of insurance is approved by the First Selectman.
5. BASINS, MAN HOLES AND AREAWAYS
No person shall construct or maintain any basin, man hole or areaway, or any cover, grating or door above the same, in any street or right of way in the Town without a permit to do so issued by First Selectman.
6. RELEASE OF SECURITY
The cash security or performance bond provided to the Town of Goshen hereunder shall be retained by the Town for a period of one (1) year from the date that the excavation project is completed and temporary patching is first applied to the excavation. During this one-year period, the Superintendent of Town Highway Maintenance or his designee may request the permit holder to repair the patching or repair or complete any other portion of the excavation work, including without limitation settling and final road resurfacing. If the permit holder fails or refuses to repair or complete such work within twenty-four (24) hours of notification, the Town of Goshen may perform the requested repairs and complete the requested work and shall charge the full cost and expense thereof against the permit holder’s cash security or
performance bond, as applicable. Adopted: (9-29-1992)
Published: (10-2-1992)
Effective: (10-16-1992)
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