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HomeMy WebLinkAbout1967-18 Regulating Street Openings, Excavations, and Pavement cuts on Streets in the TOVM F `' j ` ~ • ~ ORDINANCE NO. 18 Series of 1967 AN ORDINANCE REGULATING STREFT OPENINGS, EXCAVATIONS AND PAVEMENT CUTS ON STREETS IN THE TOWN OF VAIL. BE IT ORDAINED 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 cleaxly indicates otherwise: A. "Emergency" shall mean any unforseen circumstance or occur- rence, the existence of which constitutes a clear and immediate danger to persons or properties. B. "Street" shall mean and include a public or private street ease- ment, right-of-way, highway, alley, way place or road. Section 2 -Permit Requirement: 6:; A. It shall be unlawful 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 the Town for each separate 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 emer- gency circum`~tances demand the work be done immediately and the permit cannot reasor~bly and practically have been obtained beforehand. Such person shall thereafter apply iox a pe_....ft on the (fret regular businesR day on which the Town Office is open for business. a+ • • Page 2 -Ordinance No. 18, Series of 1967 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 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 and shall be accompanied by duplicate copies of a plan showing the work proposed to be performed. Applicant shall in addition present information that all materials, labor and equipment which may be needed 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 as an estimate of the Town's actual coat of inspection. After the work has been completed, the Building Official shall provide the permittee with an itemized bill of inspection costs and the permittee shall pay to the Town, or the Town shall refund to the per- mittee, the difference between the final itemized cost of inspection and the initial permit fee paid. 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 inspection within a reasonable period of time. ,,. • • • . • Page 3 -Ordinance No. I8, Series of 1967 Nothing contained herein shall be construed as exempting any- one from obt wining a permit for each separate undertaking. Each application for a permit shall be accompanied by a deposit to cover the cost of restoration of the street. The amount of said deposit shall be computed by the Building Official as provided hereinafter in 5ec- tion 6, and shall further be accompanied by a certificate of insurance or proof of financial ability as specified hereinafter in Section 7 of this Ordi- uaACa. Any utility companies providing electric, telephone, gas, water, sewer or cable television service on a regular basis to the residents of the Town of Vail are hereby exempted from posting a deposit on said work, pro- vided said utility companies file a letter with the Town Clerk, signed by the appropriate officers of the Company, agreeing to reimburse the Town for all costs incurred in repairing street openings made by said utilities and agreeing to abide by all the terms of this Ordinance. E. Every applicant shall agree to hold the Town, its officers, employees and agents harmless from any and all costs, damages and liabil- ities which may accrue or be claimed to have accrued by reason of any work performed under a permit issued hereunder. The acceptance of a permit shall constitute such an agreement by the applicant. F. Upon the approval by the Building Official of the plan of the work the Building Official shall return one copy of such approved plan to the • • • ~ ~ Page 4 -Ordinance No. 18, Series of 1967 applicant at the time of the issuance of the permit. Every permit holder shall retain the permit and the approved plan at the location of the work while same is in progress and shall present such permit and plan upon densaud by uppsopriate city officials. G. 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 l0ojo of that specified in the permit. The deposit made in connection with the permit shall be deemed to cover such additional work as may be approved by the Building Official within the above designated limit. H. Permits hereunder are not transferable and the work shall not be made in any place other than the location specifically designated in the permit. I. Every permit shall expire at the end of the period of time set out in the permit. If the permittee shall be unable to commence or to com- plete 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 opin- ion of the Building Official, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the ~ • • . a Page 5 -Ordinance No. 18, Series of 1967 completion of the work. It shall be the duty of each permittee to close the excavation in accordance with the regulations of this Ordinance immediately upon the completion of the work being done. Section 3 -Revocation of 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 provision of this Ordinance . B. Violation of any provisian of any other applicable Ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting a nuisance or endangering lives or properties of others. Written 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 con- tain abrief statement of the reason for the revocation and shall also indicate the time at which the revocation will take effect 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 certified or registered mail addressed to such person. When any permit has been revoked and the work authorized by the permit has not been completed, 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. All such expenses incurred in such restoration shall be • • • ~ • Page 6 -Ordinance No. 18, Series of 1967 recovered from the deposit on file with the Town, or be billed to the respon- sible utility. 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 relo- cation, if necessary. C. Pipe drains, pipe culverts, or other facilities encountered 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 ,~ithin 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. ~~hen 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 • • Page 7 -Ordinance No. 18, Series of 1967 F. All excess excavated material shall be removed from the site by the permittee after the work has been completed. When any earth, gravel or other excavated material is caused to roll, flow, or wash upon a.ny 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 excav~~.ted material so deposited is not removed, the Building Offi- cial shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit. 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. Whenever an~r person shall fail to provide or maintain zdequate safety devic:.s, 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 or deducted from his deposit. No person shall willfully move, xemove, injure, destroy or extinguish any barrier, warning light, sign, or notice erected, placed or posted in accordance herewith. H. Access to private driveways shall be provided except during working hours when construction operations prohibit provisions 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 • • • . r Page 8 -Ordinance No. 18, Series of 196? 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 pro- vide toe boards or bins; and if the excavated area is muddy and causes in- convenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Building Official. J. W orlc authorized by a permit shall be performed between the hours of 7:00 a. rri. 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 hour 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 November 15th and April 15th. K. In granting any permit, the Building Official may attach such other conditions as may be reasonably necessary to prevent 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 trans- ported. 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 • • Page 9 -Ordinance No. 18, Series of 1967 general public, or any portion thereof, and 5. Regulations as to the use of streets in the course of the work. Section 5 - Regulation of Bacl:filling and Restoration A. All paver~Zen': cuffs, openinbs and excavations shall be backfilled, surfaced and resto~•ed as follows: 1. Backfilling under paved streets shall be made in accordance with the following specifications. (a) Material -Shall be granular, consisting essentially of sand, gravel, rock; slag, disintegrated granite or a combination of such materials. It shall be awell-graded mixture containing sufficient soil mortar, crusher dust or other binding material which, when placed and com- pacted, will result in a firm, stable foundation. Mat- erial composed of uniform size particles or which contain pockets of excessively fine or excessively coarse mater- ial will not be acceptable. The material shall meet the following gradation: Sieve Designation 2 1 / 2 inch 2 inch No. 4 No. 200 Percent By Weight Passim 1 0 95- l o~~ 30- 60 5- 15 All material passing the No. 40 sieve shall have a Liquid • . / ~ • Page 10 -Ordinance No. 18, Series of 196? Limit of not over thirty-five (35) and a Plasticity Index of not over six (b). Test for Liquid Limit and Plasticity Index shall be in accordance with A. A. S.H.O. designa- tions 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 wetted and compacted with suitable mechanical tamping equipment. It shall be wetted and compacted sufficiently to obtain a field den- sity 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. 5. H. O. Method T- 147. 2. Backfilling of unpaved streets shall be made in accordance with the following specifications: (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 #or,.backfill. (b) Construction Methods -The material shall be depa~itetl in layers not exceeding eighteen (18) inches in thickness ~. • • ~ • ~ Page 11 -Ordinance Igo. 18, Series of 1967 prior to compacting. Each layer shall be wetted and compacted with suitable mechanical tamping equipment It shall be wetted and 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 Build- ing Official. All grassed areas shall be returned to their original condition. 4. The cut and restoration of soil cement paving with an oil and chip surface shall be made in the following manner: The initial pavement cut shall be made a minimum of one (1) foot wider than the trench on all sides of the trench, and the cut in the soil cement paving shall be made with a concrete saw and extended through the surface and 1 1 J2 inches into the soil cement base. The area to be removed shall then be broken into small pieces with a pneumatic chisel or drill and the pieces removed. After backfilling, the patch for the soil cement base shall be made using a dry low-slump concrete mix to a depth of six inches. The concrete shall have a minimum cement content of four (4) sacks per cubic ... s . I . • Page 12 -Ordinance No. 18, Series of 196? yard. Curing shall be done using a wet burlap or a sheet or curing plastic. The oil and chip surface shall be placed over the concrete patch after a minimum of 24 hours, and said oil and chip surface shall match the quality and appearance of the existing surface surrounding the excavation. 5. The Building Official shall be notified by the permittee of the approximate time when backfilling will be started, and no backfilling shall be accomplished unless or until the Building Official or a duly authorized Town Official is present. 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. Computation of the cost of resurfacing shall be in accordance with the standards provided hereinafter in Section 6. Such payment shall be made prior to the issuance of a pe rmit. Upon completion of all work under the provisions of the permit the permittee shall notify the Building Official. The Building Official shall make a final inspection to determine whether the restoration work has been accomplished in conformity with the requirements of this Ordinance. If the said work has been performed according to town requirements, a certificate of final inspection shall be issued by the Building Official, but such certifi- `• • Page 13 -Ordinance No. 18, Series of 1967 ~ ~ Cate shall not be issued within one month after the permanent restoration of the excavation has been completed. If any settlement in a restored area occurs within a period of one year from the date of completion of the permanent restoration, any expense incurred by the Town in correcting such settlement shall be paid by the permittee, unless proof is submitted by the permittee, satisfactory to the Building Official, that the settlement was not due to defective back- filling. 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 of this Ordinance. Section 6 -Deposits A. Upon receipt of a properly completed application, the Building Official shall determine the amount of the deposit which shall be posted by the holder of any permit hereunder, which said deposit shall cover the cost of restoring the street involved in such work. The rates of deposits to be charged for the cost of restoration shall be as follows: For replacement of soil cement paving with oil and chip surface $3. 50 per square foot Replacing granular backfill - $12. 00 per cubic yard ... • • i . ~ Page 14 -Ordinance No. 18, Series of 1967 For replacement of earth backfill - $7.00 per cubic yard. The minimum charge for restoration shall be $25. 00. B. The deposit shall be either in the form of a certified, treas- urer's or cashier's check or in cash. C. If any deposit is less than sufficient to pay all costs, the holder of any permit shall, upon demand, pay to the Town an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Town may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee. D. Whenever any person or company shall anticipate more than five street openings or excavations per year, such utility or authority may post a single deposit for the entire year or part thereof to cover the cost of any and all such work. The amount of such deposit shall be determined by the Board off' Trustees. E. Upon the issuance of a certificate of final inspection by the Building Official, the Building Official shall refund to the permittee that sum remaining on deposit after the deduction of all proper sums for any costs incurred by the Town in connection with said permit. In no event shall the permit fee be refunded. Section 7 -Liability Insurance No person, firm or corporation shall be issued a permit here- <` • • • • • T'age 15 -Ordinance No. 1$, Series of 1967 under without first registering with the Town, 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, explosive 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 khan One l~3undred Thousand Dollars ($100,000.00) for each person and not less than Three Hundred Thousand Dollars ($300,000.00) for each accident and, for property damage, shall be in an amount not less than Fifty Thousand Dollars ($50, 000. 00), and not less than One Hundred Thousand Dollars ($100, 000. 00) for all accidents. A certified copy or certi- ficate of such insurance policies shall be filed prior to the issuance of a permit, together with the certificate of the insuror that each policy is in full force and effect and that said insurance will not be altered, amended, termin- ated or eridec: without notice having first been given to the Town. In lieu of submission of the evidence and documents hereinabove provided in Section 7, any person, firm or corporation proceeding under this Ordinance may submit to the Town evidence that he or it qualified as a self-insuror and have the financial ability to meet liabilities of the type and in the amounts hereinabove specified, and such evidence may be accepted by the Town as compliance with the requirements of this section of the Ordi- nance. '• • • ~ • Page 16 -Ordinance No. 18, Series of 1967 Section 8 -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, communica- tion impulses, water or steam to or from the Town, or to or from its inhabi- tants, or for any other purposes 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 ft. , showing the location, 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 above designated scale, showing such installations, including all such installations made during the previous year; 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. Whenever any pipe, manhole, conduit, duct, tunnel or other struc- ture 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 Page 17 -Ordinance No. 18, Series of 1967 showing the location of the abandoned structure. Section 10 -Penalty Clause Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon co:iviction thereof shall be punished for such offense by imprisoliment for not more than ninety days or by a fine of not less than $5. 00 nor snore than $300. 00, or by both such fine and imprison- ment. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. Section i 1 -Safety Clause. The Board of Trustees hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, pre- serve the health, promote the prosperity, improve the morals, order, com- fort and coriven~ence of the Town of Vail and the inhabitants hereof. Section 12 - Severability. I~ 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 this Ordinance or the application thereof to any person or cir- cumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the valid provisions of this Ordinance are declared to be severable. Section 13 -Emergency The Board of Trustees finds and determines that the passage • • / ~ • Page 18 -Ordinance No. 18, Series of 1967 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 Ordi- Hance shall become effective Five (5j days after publication. C~ ~~ Finally passed, adopted and approved on this day of (r~c_~~,c~,~ 196 APPROVE.:-/- ~, 'y ~. / z ~ Z .~1~ /~yMayor ~ v. ~.__ ~- ~ ATTEST: ~//// ` ~, „~~C+x. ' ~ -~ ~ jL` ~ Town Recorder `~~~/.!~ r , (SEAL)