§ 96-14. Protective measures.

A. 

It shall be the duty of the permittee under this chapter to safeguard the security of the general public, to protect the public from injury or harm, to ensure that their rights are not unreasonably curtailed and to place and maintain adequate and proper barriers, warning devices, traffic cones and signs necessary for the safety of the general public. Additional barriers, warning devices, traffic cones and signs shall be placed and maintained by the permittee at the locations and in the amounts ordered by the Director. Barriers, devices, lights, signs and similar devices shall conform to City and State of Connecticut requirements. From sunset to sunrise an adequate number of amber flashing lights and reflective barricades shall be used, All such barriers, lights, signs and devices shall be supplied by the permittee at his own expense. Pedestrians shall be prevented from walking beneath any ladder, staging, scaffolding or like encroachment unless overhead protection is provided.

B. 

The permittee shall advise the Director of its plans regarding excavation prior to performing the initial excavation or any subsequent excavation and will cooperate with the Director to ensure that excavation, construction, filling and paving are performed in the least disruptive manner practicable.

C. 

Unless specifically stated by the permit, only 1/2 of the traveled way of a street may be excavated or encroached upon at one time, and the same shall be properly restored for the safe passage of vehicular and pedestrian traffic before the remaining half of the traveled way of said street is excavated or encroached upon.

D. 

Where an excavation or encroachment involves or affects a public sidewalk, the adjacent street may not be excavated or encroached upon concurrently. Where a sidewalk is excavated, encroached, blocked or impeded by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for pedestrian travel and convenient for users and which shall be barricaded and otherwise protected from vehicular traffic. Where a portion of any street other than the sidewalk is excavated or encroached, the sidewalk must be made safe and passable.

E. 

The permittee shall take appropriate measures to assure that, during the performance of the work, traffic and pedestrian conditions can be maintained as near to normal as possible at all times so as to minimize inconvenience to the occupants of adjoining property and to the general public.

F. 

When portions of the traveled way are made hazardous for the movement of vehicles or pedestrians, a sufficient number of traffic control persons shall be employed by the permittee to direct traffic safely through the area. The Director in consultation with the Police Chief shall approve the traffic control plan and, together, shall determine whether traffic control persons or Norwalk police officers are necessary to ensure the public’s safety, and shall further determine the appropriate number of same; however, when the roadway(s) affected are within a school zone or immediately adjacent to entrances or exits of hospitals or fire departments, the Director shall first provide Norwalk police officers with the opportunity to direct traffic safely through the area. If it is determined that no police officers are necessary or if the Police Department is unable to provide sufficient police officers, the Director shall, in the alternative, determine the appropriate number of traffic control persons necessary to ensure the public’s safety. If such conditions exist at the close of the working day, a police officer(s) and/or a sufficient number of traffic control persons shall be employed and assigned by the permittee to direct traffic at night per the direction of the Director. The work shall be planned to avoid such conditions whenever possible.

[Amended 1-24-2017]

G. 

The traveled way of any street shall not be closed without prior approval of the Director. The period of time and all other conditions specified in any such approval must be adhered to strictly. The proposed detour route and relevant details must be submitted to and approved by the Director prior to the closing of any street.

H. 

Upon failure of the permittee to comply with the requirements of this section or upon failure to immediately make all corrections, changes, alterations or additions ordered by the Director as provided herein for the safety and convenience of the general public, the Director may take such measures as he deems necessary to bring the work or activity into conformance with this section and with his directives, and the cost thereof shall be charged to the permittee.