Right-of-Way Definition
The Town right-of-way is the area of property between opposing street lines that is owned and maintained by the Town, and also includes right-of-way as shown on a map of an approved subdivision, whether or not the streets within such subdivision have yet been accepted by the Town. The right-of-way includes both the paved portion of the street as well as area outside of the pavement as required to accommodate traffic signs, utilities, sidewalks, etc. The width of the right-of-way varies by street, and can be determined by viewing the Assessors maps available at Town Hall or through the Town's GIS Website.
Right-of-Way Permit Requirements
Right-of-Way Permits are required for all construction activities performed within the Town right-of-way. These activities include driveway installation or replacement, storm drainage installations, connection of private drains to the Town drainage system, new utility connnections, sprinkler systems, or any other construction activity within the limits of Town right-of-way. Permits are required for Contractors hired by the property owner. They are also required if the property owner is performing the work themselves.
Right-of-way permits are issued at the Engineering Division Office to Contractors with a current right-of-way license for a charge of $35.00. Requirements for work within the Town right-of-way are described in the Town Code of Ordinances Sections 17-96 through 17-111, and as described below.
Property owners that are doing work themselves in the Town right-of-way adjacent to their property are issued permits at no charge.
Work performed in the Town owned right-of-way without a Permit is in violation of the Code of Ordinances.
Right-of-Way Licenses
A current right-of-way license is required for work within the Town right-of-way which must be renewed on a yearly basis at the Engineering Division Office for a charge of $15.00. Proof of bond and insurance meeting the requirements below must be provided at the time of application for a right-of-way license. Appropriate state licensure including plumbing licenses for storm drainage or sanitary sewer construction shall be demonstrated at the time of application for a right-of-way license. As described in the Town Code of Ordinances Section 17-101, right-of-way permits and licenses are non-transferable, meaning that each contractor working within the Town right-of-way must have a separate right-of-way license and permit for work being performed.
Bonding Requirements
As described in the Town Code of Ordinances Section 17-99, a surety bond shall be filed by the applicant for a right-of-way license with the Engineering Division Office. The surety bond shall be in the amount of five thousand dollars ($5,000) and shall be written by an indemnity or surety company authorized to transact business in the state and approved by the Town Manager or his agent. A copy of the Town's bond form is available here, or from the Engineering Division Office.
Insurance Requirements
As described in the Town Code of Ordinances Section 17-100, Contractors filing for a right-of-way license must obtain and keep in force for the entire duration of the work appropriate Commercial General Liability and Automotive Liability insurance, and must furnish a valid certificate of insurance to the Engineering Division Office. Based on current Town Policy, the Contractor’s insurance must cover the Contractor and all of its agents, employees and subcontractors, and other providers of services, and shall name the Town of Glastonbury, its employees and agents as an additional insured on a primary and non-contributory basis to the Contractor’s Commercial General Liability and Automobile Liability policies.
Commercial General Liability Limits:
Including Premises and Operations, Products and Completed Operations, Personal and Advertising Injury, Contractual Liability and Independent Contractors
Limits of Liability for Bodily Injury and Property Damage:
• Each Occurrence: $1,000,000
• Annual Aggregate: $2,000,000
Automobile Insurance Liability Limits:
Including all owned, hired, borrowed, and non-owned vehicles
Limit of Liability for Bodily Injury and Property Damage Per Accident: $1,000,000
Certificate Requirements / Notice of Cancellation:
The Contractor shall direct its insurer to provide a Certificate of Insurance to the Town of Glastonbury before any work is performed. The Certificate shall specify that the Town of Glastonbury shall receive 30 days advance written notice of cancellation or non-renewal. The Certificate shall evidence all required coverage, including the Additional Insured and Waiver of Subrogation.
Hold Harmless Clause:
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and its consultants, agents, and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of engineers, attorneys and other professionals, and court and arbitration costs) arising out of or resulting from the performance of the Contractor’s work, provided that such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission by the Contractor, any person or organization directly or indirectly employed or engaged by the Contractor to perform or furnish either of the services, or anyone for whose acts the Contractor may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
Street Excavation Repairs
Pavement repairs for street excavations shall be made as shown in the Standard Details and Standard Specifications, available in the Forms and Documents section of the Engineering Division Website. Contractors making such repairs shall be responsible for maintenance of said pavement patches for a period of one (1) year from completion of the permanent pavement patch. Temporary pavement patches shall remain in place for a period of at least four (4) months or one winter season unless otherwise directed by the Town Engineer.