For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person, firm, corporation, partnership or association who shall apply to the Board of Selectmen for a road construction permit.
ARTERIAL STREET. A major thoroughfare whose main function is to carry large volumes of traffic between major points.
COLLECTOR STREET. A street whose primary function is to carry moderate traffic volumes between local streets and arterial streets. It may also provide access to abutting properties.
FORM 814. A certain document titled: “Department of Transportation: Standard Specifications for Roads, Bridges and Incidental Construction, Form 814”, as may be amended from time-to-time.
ROAD. Includes streets, highways, avenues and lanes laid out and intended as a vehicular accessway.
THIS ORDINANCE, THIS CHAPTER or ROAD ORDINANCE. “An Ordinance Concerning the Construction and Acceptance of Roads in the Town of Salem, Connecticut.” This chapter.
(Ord. passed 1-11-1984)
(A) General. No road or other improvements appurtenant thereto shall be constructed in the town until a road construction permit has been issued by the Board of Selectmen. Said permit is required for the construction of:
(1) New roads to be accepted by the town;
(2) The completion of roads in a subdivision approved by the Town Planning and Zoning Commission prior to and after the effective date of this chapter; and
(3) The construction or modification of pavement, drainage or other improvements within or in support of any existing town road or highway.
(B) Standards. In addition to the design and construction standards hereinafter specified, the following shall also be applicable.
(1) Approved subdivision. The design and construction standards applicable to streets in subdivisions approved by the Planning and Zoning Commission prior to the effective date of this chapter shall be the standards applicable at the time of such approval, provided that such approval is still in effect.
(2) Other streets. In the case of construction within or in support of an existing town road or highway, or the construction of streets shown on a subdivision map filed in the office of the Town Clerk prior to adoption of the town subdivision regulations, the Board of Selectmen may approve other or lesser design and construction standards as deemed appropriate by the Board of Selectmen to be consistent with other improved portions of such streets.
(3) Alternate standards. The Board of Selectmen may approve alternate design and construction standards when:
(a) Such standards are prepared by a licensed professional engineer; and
(b) The Board of Selectmen determines that such standards will be in accord with the purpose and intent of this chapter.
(C) Inspection. All work subject to a road construction permit shall be subject to inspection and approval by the Board of Selectmen, or its authorized agent, at the expense of the applicant. Said Board, or its authorized agent, shall have free access to the work at all times and shall be deemed authorized to take material samples, cores and other tests as deemed necessary to determine compliance with these standards. The Board of Selectmen may require the applicant, at his or her expense, to have such tests made and certified by a professional engineer licensed by the state or other parties of its determination.
(D) Intent. It is the intent of this chapter that the policies, rules, procedures, standards and specifications established herein are coordinated with and support the following:
(1) The subdivision regulations of the town, as the same may be amended from time-to-time, which are hereby incorporated in this document by reference; and
(2) The zoning regulations of the town, as the same may be amended from time-to-time.
(E) Form of conveyances. Conveyances shall describe the land involved and the privileges of the town in a form acceptable to the Board of Selectmen and shall be duly executed. Such conveyances shall be accompanied by:
(1) A copy of the abstract of title;
(2) A certificate of title;
(3) Waiver of mechanics’ liens in a form acceptable to the Town Counsel; and
(4) A letter signed by the Town Tax Collector certifying that any taxes due to the town have been paid.
(Ord. passed 1-11-1984)
(A) Permit application. Application for a road construction permit shall be made to the Board of Selectmen, in writing, and shall be accompanied by the following:
(1) Maps and plans. Three copies of approved plans showing the rights-of-way for streets and drainage easements and plans showing the construction details prepared and showing the information required by the town subdivision regulations and any other requirements as stipulated by the Board of Selectmen; and
(2) Fee. A fee of $100 shall accompany the application.
(B) Road construction permit. The road construction permit shall be issued by the Board of Selectmen in writing, and the Board’s approval of the construction plans shall be endorsed thereon. Such approval and issuance are subject to the following:
(1) Prior approval. In the case of roads within a subdivision, the approval of the Town Planning and Zoning Commission of the record subdivision map; and
(2) Inspection fee. Payment to the town of an inspection fee equal to 3.5% of the cost of construction as estimated by the Board of Selectmen for purposes of the completion bond, or $200, whichever is greater.
(C) Notification and inspection. The holder of a road construction permit shall notify the Board of Selectmen and the Town Engineer of his or her intention to begin the authorized work at least three days prior to so doing, which notification shall be in writing and shall include a schedule showing when each stage of work, as hereinafter specified, is to begin. If, due to weather conditions or other cause, it is found necessary to stop work for a period exceeding one week, the permittee shall so notify the Board of Selectmen in writing, and he shall notify the Board in writing of his or her intention to resume work at least three days prior to so doing.
(1) In addition, the permittee shall notify the Board of Selectmen and the Town Engineer, in writing at least 48 hours before, each of the following stages of work are begun:
(a) Prior to commencing site clearance and after the construction work has been staked out;
(b) Prior to commencing excavation and grading of streets and installation of embankments;
(c) Prior to commencing installation of drainage and other utilities;
(d) Prior to backfilling structures, drainage pipes, facilities and other utilities;
(e) Prior to placement of the base course on the subgrade of a street;
(f) Prior to commencing construction of the paved surface of a street; and
(g) Prior to commencing construction of any sidewalks or other appurtenant items.
(2) The Board of Selectmen shall have three days in which to inspect the work in each of the above described stages. No work shall begin on the succeeding stage of construction until the required inspection has been made and approved by the Board of Selectmen in writing. The Board of Selectmen may issue a stop-work order and may suspend or revoke the road construction permit if, in its judgment, the construction project, or any stage thereof, is not being carried out in accordance with this chapter and the requirements of this chapter or, if unforeseen field circumstances are encountered for which the approved plans are insufficient, the Board shall withdraw such stop-work order and reinstate the permit when it determines that there is compliance therewith.
(D) Petition for acceptance. The petition for acceptance of the road by the town shall be presented to the Board of Selectmen in writing and shall be signed by the owner of record. The petition shall be accompanied by the following:
(1) Map. A copy of the map on file in the Office of the Town Clerk showing the right-of-way of the road and any easements. For roads within a subdivision, a copy of the record subdivision map, approved by the Town Planning and Zoning Commission, may be substituted for such submission;
(2) As-built plans. A copy of the construction plans showing the road drainage, and any other improvements “as-built.” In lieu of such submission, the construction plans, updated and certified as correct by a professional engineer, may be substituted; and
(3) Maintenance bond. An executed agreement and bond, approved by the Board of Selectmen, to guarantee remedy of unforeseen deficiencies in the construction of the road and other improvements shall be prepared. Said bond shall remain in force for a period of one year from the date on which the road is accepted by town meeting. The amount of face value of the bond shall be estimated by the Board of Selectmen as not less than 5% nor more than 50% of the current cost of the original improvements. The Board of Selectmen may require the bond to be held for an additional period of one year when, in the opinion of the Town Engineer, this is warranted due to unusual construction circumstances.
(Ord. passed 1-11-1984; Ord. passed 9-21-1994)
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