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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. 1. •r ~ ~ ~ ~ ~ • 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. - 2 - 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 . - 3 - --• • • ~ • 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 - 4 - • • • • • (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 - 5 - • • • • • 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 - 6 - • • • • • 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 ~/~ i~i~~c_._._._ ~~ ayor