HomeMy WebLinkAbout1971- 7 Regulationg Street Opening, Excavations and Pavement Cuts on Streets in the TOV, Repealing Ordinance 18, Series 1967,' ~ ~ • ~ •
ORDINANCE N0.
Series of 1971
AN ORDINANCE REGULATING STREET OPENINGS, EXCAVATIONS AND
PAVEI~iENT CUTS ON STREETS IN THE TOWN OF VAIL: REPEALING
ORDINANCE N0. 18 (Series of 1967); AND SETTING FORTH DETAILS
IN RELATIOPI THERETO.
WHEREAS, the Board of Trustees for the Town of Vail have
previously adopted Ordinance Number 18 (Series of 1967) regulating
excavations and pavement cuts; and
WHEREAS, the Board of Trustees for the Town of Vail deems
it in the interest of the public safety and welfare to adapt changes
and modifications of regulations relating to excavations and pave-
ment cuts;
PJOW, THEREFORE, BE IT ORDAIi~1ED BY THE BOARD OF TRUSTEES OF
THE TOWN OF VAIL COLORADO:
SECTION 1. DEFINITIONS: The following words, when used
in this Ordinance, shall have the meanings ascribed to them in
this section, except in those instances where the context clearly
indicates otherwise:
A. "Emergency" shall mean any unforeseen circumstance or
occurrence, the existence of which constitutes a clear and immediate
danger to persons or properties.
B. "StreetY' shall mean and include a public or private
street easement, right-of-way, highway, alley, way pJ.ace or road.
SECTION 2. PERTiIT REQUIREMENTS:
A. It shall be unla~•aful for any person to make any tunnel,
opening, or excavation of any kind in or under the surface of a
street without first securing a permit from tl~~.Town for each separ-
ate undertaking; provided that any person maintaining pipes, lines
or other underground facilities in or under the surface of any street
may proceed without a permit when emergency circumstances demand the
work be done immediately and tPie permit cannot reasonably and
l~r~aet'i.cally have been obtained beforehand. Such person shall there-
after apply for a permit on the first regular business day on which
the Town Office is open for business.
B. Each application for a permit shall be made thirty-
six hours before the work authorized by the permit is to begin.
Each permittee shall notify all utilities operating in Vail and
the Vail Police Department of the nature and location of the work
authorized by the permit and the time that said work shall begin,
at least twenty-four hours before the work authorized by the permit
is to begin. Such application and notice shall be made during the
normal office hours of said utilities and the Town.
C. An application shall be filed on such forms as shall
be furnished by the Building Official. Applicant shall in addition
present information that all materials, labor and equipment which
may be required to complete the proposed work are available.
D. Each application for a permit shall be accompanied by
a permit fee to be computed by the Building Official a.s provided
hereinafter in Section 6.
E. The Building Official may accept an initial permit fee
from any applicant to cover more than one permit, provided that
the permittee pays for the actual cost of each permit within a
specified time as designated by the Town Finance Director. Nothing
contained herein shall be construed as exempting anyone from ob-
taining a permit for each separate undertaking.
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F. Any utility companies providing electric, telephone,
gas, water, sewer or cable television service on a regular basis
to tlz~ residents of the Town of Vail are hereby exempted from post-
ing a deposit on said work, provided said utility companies file
a letter with the Town Clerk, signed by the appropriate officers
of the company, agreeing to reimburse the Town of Vail for all
costs incurred in repairing street openings made by said utilities
and agreeing to abide by all the terms of the Ordinance. Each
utility .company shall submit a list of persons authorized to sign
permit applications and keep such list current.
G. Every applicant shall agree to hold the Tawn, its
officers, employees and agents harmless from any and all costs,
damages and liabilities which may accrue or be claimed to have
accrued by reason of any work performed under a permit issued here-
under. The acceptance of a permit shall constitute such an agree-
ment by the applicant.
H. Every permit holder shall retain the permit at the
location of the work while same is in progress and shall present
such permit upon demand by appropriate Town officials.
I. No person to whom a permit has been granted shall
perform any of the work authorized by such permit in any amount or
quantity greater than that specified in the permit, except that,
upon the approval of the Building Official, additional work may
be done under the provisions of the permit in an amount not greater
than 100 of that specified in the permit.
J. Permits hereunder are not transferable and the work
shall not be made in any place other than the location specifically
designated in the permit.
K. Every pe~~mit shall exp~.re at the end of the period
of time set out in the permit. If the permittee shell be unable
to commence or to complete the work within the specified time,
he shall, prior to the expiration date, present in writing to the
Building Official. a request for an extension of time, setting forth
the reasons for the requested extension. If in the opinion of the
Bi~i.lrling Official, such an extension is necessary and not contrary
to the public interest, the permittee may be granted additional
time for the completion of the work being done.
Section 3. Revocation_o__f Permits. Any permit may be
revoked by~the Building Official, after notice to the permittee, for
the following grounds.
A. Violation of any condition of the permit or of any pro-
vision of this Ordinance.
B. Violation of any provision of any other applicable Ordin-
ance or law relating to the work.
C. Existence of any condition or the doing of any act con-
stituting a nuisance or endangering lives or properties of others.
~~lritten notice of any of the above designated violations or conditions
shall be served upon the holder of the permit or his agent engaged
in the work. The notice shall contain a brief statement of the reason
for the revocation and shall also indicate the time at which the re-
vocation will take affect and the time period in which the violation
may be corrected and work resumed. Such notice shall be given either
by personal delivery thereof to the person to be notified or by certa_f-
ied or registered mail addressed to such person. G~hen any permit has
been revoked and the work authorized by the permit has not been cony-~
pleted, the Building Official is hereby authorized to take such
steps as may be necessary to immediately restore the street to as
good a condition as existed before the opening was made.
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Section 4. Regulation of Openings and Excavations.
A. The opening which may be made in a street at any one
time shall be no greater than will permit the reasonable use of such
street by the public and will not cause substantial hazards in said
use.
B. All utility facilities shall be exposed sufficiently
ahead of trench excavation work to avoid damage to those facilities
and to permit their relocation, if necessary.
C. Pipe drains, pipe culverts, or other facilities en-
countered shall be protected by the permittee.
D. Monuments of concrete, iron, or other lasting material
set for the purpose of locating or preserving the lines of any
street or property subdivision, or a precise survey reference point
or a permanent survey bench mark within the Town shall not be removed
or disturbed or caused to be removed or disturbed unless permission
to do so is first obtained in writing from the Building Official.
Permission shall be granted only upon condition that the permittee
shall pay all expenses incident to the proper replacement of the
monument.
E. When work performed by the permittee interferes with
the established drainage system of any street, provision shall be
made by the permittee to provide proper drainage to the satisfaction
of the Building Official.
F. All excess excavated material shall be removed from
the site by the perm~.t:tee after the work has been completed. When
any earth, gravel or other excavated material is caused to roll,
flow, or wash upon a~.y street, the permittee shall cause the same
to be removed from the street within four (4) hours after deposit.
In the event the earth, gravel or other excavated material so de-
posited is not removed, the Building Official shall cause such re-
moval and the cost incurred shall be paid by the permittee.
G. Every permittee shall provide adequate warning lights
for each opening during the night. Every permittee shall provide
a suitable barricade for each opening. Additional safety regulations
may be prescribed by the Building Official. Glhenever any person shall
fail to provide or maintain adequate safety devices, such devices
may be installed and maintained by the Town and the amount of the
cost thereof shall be paid by the holder of the permit. No person
shall willfully move, remove, injure, destroy or extinguish any
harrier, warning light, sign, or notice erected, placed or posted
in accor~darice herewith .
H. Access to private driveways shall be provided except
during working hours wYien construction operations prohibit pro-
visions of such access. Free access must be provided at all times
to fire hydrants.
I. Excavated materials shall be laid compactly along the
side of the trench in a manner so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of
traffic or to abate a dirt or dust nuisance, the Building Official
may require the permittee to provide toe boards or bins; and if the
excavated area is muddy and causes inconvenience to pedestrians,
temporary wooden plank walks shall be installed by the permittee
as directed by the Building Official.
J. Work authorized by a permit shall be performed between
the hours of 7:00 a.m. and 7,:00 p.m., Monday through Friday, unless
the permittee obtains written consent from the Building Official
to do the work earlier or later than the stated hours or on a
weekend. Except in the case of an emergency, no permit authorized
herein shall be issued so as to allow a street opening or pavement
cut between Plovember 15th and April 15 t'tr .
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K. In granting any permit, the Building Official may
attach such other conditions as may be reasonably necessary to pre-
vent damage to public or private property or to prevent the operation
from being conducted in a manner hazardous to life or property or
in a manner likely to create a nuisance. Such conditions may include,
but shall not be limited to:
1. Restrictions as to the size and type of equipment.
2. Designation of routes upon which materials may be
transported.
3. The place and manner of disposal of excavated
materials.
4. Requirements as to the cleaning of streets, the
prevention of noise, and other results offensive or
injurious to the neighborhood, the general public,
or any portion thereof.
5. Regulations as to the use of streets in the course
of the work.
6. Minimum depth of any service line shall be 18"
below grade.
Section 5. Regulation of Backfilling and Restoration.
A. All pavement cuts, openings and excavations shall be
backfilled, surfaced and restored as follows:
1. Backfilling under paved streets shall be made in
accordance with the following specifications:
(a) Material - Shall be granular, consisting essential-
ly of sand, gravel, rock, slag, disintegrated granite
or a combination of such materials. It shall be a
we1]-graded mixture containing sufficient soil mortar,
crusher dust or other binding material which, when
placed and compacted, will result in a firm, stable
foundation. Material composed of uniform size par-
ticles or which contains pockets of excessively fine
or excessively coarse material will not be acceptable.
the material shall meet the following gradation:
Sieve Desi nation
2 1/2 inch
2 inch
No. 4
No. 200
100
95 - 100
30 - 60
5 - 15
All material passing the No. 40 sieve shall have a
liquid limit of not over thirty-five (35) and a
Plasticity index of not over six (6). Test for liquid
limit and plasticity index shall be in accordance
with A.A.S.H.O. designations T-89 and T-91 respectively.
(b) Construction Methods - The material shall be
deposited in layers not exceeding eight (8) inches
in thickness prior to compacting. Each layer shall be
compacted with suitable mechanical tamping equipment.
It shall be compacted sufficiently to obtain a field
density which is at least ninety (90) percent of theo-
retical density as determined by A.A.S.H.O. Method
T-99. Field density shall be determined by A.A.S.H.O.
Method T-147.
2. Backfilling of unpaved streets shall be made in
accordance with the following specifications:
o By GJeight Passing
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(a) Material - The bottom six (6) inches and the top
twelve (12) inches of backfill shall be the same type
of material specified in Section 5.A.1.(a) of this
Ordinance. The excavated material may be used for the
remainder of the backfill, provided that no materials
greater than 18 inches in diameter shall be used for
backfill.
(b) Construction Methods - The material shall be
deposited in layers not exceeding eighteen (18) inches
in thickness prior to compacting. Each layer shall be
compacted with suitable mechanical tamping equipment.
It shall be compacted sufficiently to obtain a field
density which is at least ninety (90) percent of
theoretical density as determined by A.A.S.H.O. Method
T-99. Field density shall be determined by A.A. S.H.O.
Method T-147.
3.. Excavations in unpaved public places not used as
vehicular ways may be backfilled with earth and shall
be compacted in lifts not to exceed 18 inches in depth
by loose measurement in a manner set forth by the
Building Official. All grassed areas shall be returned
to their original condition.
4. The cut and restoration of oil and chip surface
shall be made in the following manner:
Tile initial pavement cut shall be made a minimum
of one (1) foot wider than the trench on all sides ~
of the trench, a minimum of three (3) feet wide, and
the cut in the paving shall be made with a power
circular saw.
The oil and chip surface shall match the quality
and appearance of the existing surface surrounding; Uze
excavation, and sealed with a c}iemic'al as approved
by the Town Street Superintendent.
5. If the Building Official finds that paving surfaces
adjacent to the street opening may be damaged where
trenches are made parallel to the street, or where a
number of cross trenches are laid in close proximity
to one another, or where the equipment used may cause
such damage, the permittee shall be required to pay
the cost of resurfacing. The cost of resurfacing shall
be cYZarged on a time and materials basis and payment
shall be made prior to the issuance of any other
permit.
6. If any*Settlelhent an a restored area occurs within
a period of one year from the date of c~nmyletion of
the. ~r i ma31ci1 l i~ve; lvl ui inn y airy expense incurred by
t}1e Town in correcting such settlement shall be paid
:,y the permittee, unless proof is submitted by the
permittee, satisfactory to the Building Official,
that the settlement was not due to defective backfil-
ling. Failure to backfill properly may be grounds
for revocation of permittee's contractor's license.
7. Upon approval by the Board of Trustees, the Town
of Vail may exercise the option of repairing street
cuts and making backfills for the permittee, and
requiring said permittee to pay the Town for said cost
of restoration in an amount computed by the Building
Official in accordance with the rates set forth in
Section 6 or this Ordinance.
Section 6. Fees.
A. Upon receipt of a properly completed application, the
Building Official shall determine the amount of the fee which shall
be pain by the holder of any permit hereunder, which said fee shall
cover the cost of restoring the street involved in such work. Thy
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Fees to be charged for permits shall be as follows:
For replacement of paving with oil and chip surface -
$2.00 per square foot.
Permit fee for dirt cuts shall be - $5.00.
Backfilling if done by the Town, shall be charged time
and material to the permittee.
Saw cuts done by the Town shall be - $1.50 per lineal
foot with a minimum fee of $25.00.
Any rework done by the Town shall be time and material.
B. The fee shall be either in the form of a certified
treasurer's or cashier's check, cash, or other if approved by the
Finance Director.
C. If any fee is less than sufficient to pay all costs,
the holder of any permit shall, upon demand, pay to the Town an amount
equal to the deficiency. If the permittee fails or refuses to pay
such deficiency, the Town may institute an action to recover the
same in any court of competent jurisdiction. Until such deficiency
is paid in full, no additional permits shall be issued to such per-
mittee.
D. Whenever any person or company shall anticipate more
than five (5) street openings or excavations per year, such utility
or authority may post a single deposit for the entire year or part
thereof to cover ttie cost of any and all such work. The amount of
such deposit shall be determined by the Board of Trustees.
Section 7. Liability Insurance.
No person, firm or corporation shall be issued a permit
hereunder without first obtaining a contractor's license from the
Town, at which time they shall submit proof that there is being
maintained and carried Liability Insurance covering personal injury
and property damage which may arise from or out of the performance
of the proposed work. Such insurance shall cover collapse, explo-
s:tve hazards and underground coverage and shall include protection
against liability arising from completed operations. Such insurance
for personal injury shall be in an amount not less than One 1-iundred
Thousand Dollars ($100,000.00) for each person and not less than
Three Hundred Thousand Dollars ($300,000.00) for each accident and,
fir property damage, shall be in an amount not less than Fifty
Thousand Dollars ($50,000.00), and not less than One Hundred Thou-
sand Dollars ($100,000.00) for all accidents. A certified copy
or certificate of such insurance policies, together with the cer-
tificate of the insuror that each policy is in full force and effect
and that said insurance will not be altered, amended, terminated or
ended without a 10-day written notice having first been given to
the Town, shall be filed prior to the issuance of a Contractor's
License.
Section $. Maps of Underground Facilities.
A. Every person owning, using, controlling or having an
interest in pipes, conduits, ducts or other structures under the
surface of any street used for the purpose of supplying or conveying
gas, electricity, communication impulses, water or steam to or from
the Town, or to or from its inhabitants, or for any other purpose
shall file with the Building Official within one hundred twenty days
(120) after the adoption of this Ordinance, a map or set of maps,
each drawn to a scale of not less than 1" to 400', showing the loca-
tion, size and description of all such installations. The owner
agrees upon reasonable notice from the Town or any permittee to
accurately locate its installations upon the ground as shown on
said maps.
B. By March 1 of each year, such person shall file with
the Building Official a corrected map or set of maps, drawn to the
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above designated scale, showing such installations, including all
such installations made during the previous yeary provided however,
if no further installations have been made during the previous year,
there may be filed with the Building Official a written statement
to that effect.
Section 9. Abandoned Facilities.
A. Lahenever any pipe, manhole, conduit, duct, tunnel or
other structure located under the surface of any street is abandoned,
the person owning, using, controlling or having an interest therein
shall, within thirty (30) days after such abandonment, file with the
Building Official a statement in writing showing the location of the
abandoned structure.
Section 10. Penalty Clause.
Any person violating any of the provisions of this Ordin-
ance shall be guilty of a misdemeanor and upon conviction thereof
shall be punished for such offense by imprisonment for not more than
ninety days or by a fine of not less than $5.00 nor more than $300.00.
or by both such fine and imprisonment. Each day such violation is
committed or permitted to continue, shall constitute a separate
offense and shall be punishable as such hereunder. Both the licensed
contractor and the person, firm or corporation the work is for are
responsib~.e for compliance with this Ordinance.
Section 11. Safety Clause.
The Board of Trustees hereby finds, determines, and de-
clares that this Ordinance is necessary and proper to provide for
the safety, preserve the health, promote the prosperity, improve
the morals, order, comfort and convenience of the Town of Vail and
the inhabitants hereof.
Section 12. Severability.
~~
It is the intention of the Board of Trustees that this
Ordinance or any part or provision thereof, shall be considered
severable and if any provision of or circumstance is held invalid,
such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the rravisions of this
Ordinance are declared severable.
Section 13. Emergency.
r
The Board of Trustees finds and determines that the passage
of this Ordinance is necessary for the immediate preservation of the
public health and safety of the inhabitants of the Town of Vail
and that this Ordinance shall become effective Five (5) days after
publication.
Section 14. Repeal of Prior Ordinance.
Upon enactment of this Ordinance, the Board of Trustees
repeals Ordinance Number 18 (Series of 1967).
INTRODUCED, READ AND ORDERED PUBLISHED THIS
Attest:
.u;=.
12th DAY OF APRIL, 1971
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