Be it ordained by the Town of Berlin that the following ordinance entitled "Public Rights Of Way Ordinance" be accepted, adopted and legalized by printing:

TABLE OF CONTENTS

SECTION I - GENERAL
A. Licenses - To Whom Issued
B. Bond
C. Insurance
D. Business Address
E. Expiration of Licenses
F. Revocation of Licenses
G. All Work to be Done by Licensed Contractors
H. License Not Transferable
I. None But Competent Men to be Employed
J. Permits
K. Notice Before Starting Work
L. Test Pits
M. Inspections - Correcting Unsatisfactory Work
N. Period of Responsibility
0. Exceptions to Foregoing Rules

SECTION II - EXCAVATING IN STREET
A. Permits - To Whom Issued
B. Notification of Police and Fire Department
C. Tunneling and Bracing
D. Maximum Width of Cut
E. Public Safeguards
F. Backfill of Trenches
G. Maintenance
H. Pavement Replacement

SECTION III - DRIVEWAYS, OTHER IMPROVEMENTS
A. Permits - To Whom Issued
B. Grade
C. Width
D. Number and Separation Distance
E. Location of Driveway
F. Waiver
G. Drainage

SECTION IV - DRAINAGE
A. Connections to Town Drainage System
B. Permit - To Whom Issued
C. Waiver of Claim
D. Drainage System to be Used
E. Location of Connection
F. Street Excavations
G. Existing Connections
H. Noncompliance of Property Owner

SECTION V - MOVING BUILDINGS AND OTHER STRUCTURES

OVER A PUBLIC RIGHT OF WAY
A. Permits - To Whom Issued
B. Responsibility
C. Trees
D. Removal of Public Property
E. Whom Notified
F. On Highway at Night

SECTION VI - REMOVAL OF TREES
A. Permits - To Whom Issued
B. Responsibility
C. Public Safeguards
D. Disposition of Trees, Limbs and Branches
E. Exemptions

SECTION VII - SIDEWALKS
A. Permits
B. Specifications
C. Grade
D. Inspection and Supervision

SECTION VIII - SPECIFICATIONS

SECTION IX - PENALTIES

SECTION X - SEPERABILITY

SECTION I - GENERAL

A. Licenses - To Whom Issued

A license to perform specific work within the Public Rights of Way will be issued by the Town Engineer or his designated agent to any person or corporation who shall make proper application thereof, file a satisfactory bond, show evidence of liability insurance as specified herein, and satisfy the chief executive officer of the town or his designated agent that he is competent and intends to perform his work in accordance with all applicable conditions, rules, regulations and specifications herein contained or hereafter adopted. A fee of twenty five ($25.00) dollars will be charged for each license issued.

B. Bond

Before a license is granted the applicant therefore must file with the Town Engineer's Office a surety bond in the sum of $1,000 made out on a form provided by said office for the purpose, by a regular indemnity or surety company authorized to transact business in Connecticut and approved by the chief executive officer of the town or his designated agent.

C. Insurance

The contractor applying for a license shall furnish to the Town of Berlin a valid insurance certificate completed by his agent or insurer for the amounts described as follows: Liability - with Bodily Injury limits of five hundred thousand ($500,000) dollars each person; one million ($1,000,000) each accident; with Property Damage limits of one hundred thousand ($ 100,000) dollars each accident.

The insurance shall cover the entire contract period as well as the maintenance period of eighteen (18) months and in the event that the insurance expires during this time the contractor shall furnish the town with a renewal certificate at least ten (10) days prior to its expiration or the license and any permits pursuant to it shall be null and void. The property damage insurance shall specifically cover damage to underground pipes and conduits, damaged while using mechanical equipment to excavate in the public right of way. The insurance shall specifically name the Town of Berlin as additional insured.

In the event a licensee shall fail to renew an insurance policy which expires during said maintenance period, the Town Engineer or his designated agent may renew said policy after written notice to the licensee and to his surety company and upon their failure to furnish a renewal certificate, charge the cost thereof to the surety company.

D. Business Address (and telephone)

The applicant for a license shall provide his business address and the telephone number at which he may be reached in case of emergency with the Town Engineer's office, and shall notify said office promptly of any change therein. Any orders or notices which the Town Engineer's office or its authorized agent may have to give to said applicant, if mailed to the address as filed, shall be considered as due notice delivered to him personally; and shall relieve the town of further obligation in the matter.

E. Expiration of Licenses.

All licenses will expire on the 1st day of January next following their date of issue, unless sooner revoked, and a new application must be made in all