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HomeMy WebLinkAboutordinance.council.031-08ORDINANCE NO. (Series of 2008) AN ORDINANCE AMENDING TITLE 2 AND TITLE 21 OF THE ASPEN MUNICIPAL CODE REGARDING OCCUPATION AND EXCAVATION IN THE CITY RIGHT-OF-WAY. WHEREAS, the City intends to insure the quality of repairs and improvements made by users of the right-of--way. WHEREAS, the City intends to minimize the disruption caused by excavations in the right-of-way. WHEREAS, the City intends to require advance notice about excavations and encroachments in the right-of--way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That section 2.12.051 of the City Aspen Municipal Code be hereby amended to read as follows: Sec. 2.12.051. Engineering Department fees. This Section of the Code sets forth certain fees for the Engineering Department: CATEGORY FEE Encroachment license application and processing $343.00 Vacation application and processing 343.00 Right-of--way permit application and processing (waived for sidewalk replacement work) 343.00 Temporary occupation of ROW under encroachments b commercial operations -per square foot $2.50/sq. ft. per month Temporary occupation of ROW under encroachments withi the core by commercial operations -per square foot $5.28/sq. ft. per month Temporary occupation of ROW under encroachments outsid of the core by commercial operations -per square foot $2.64/sq. ft. per month Permanent encroachment $1,000.00/permit Permanent encroachment for earth retention $2.64/cu. ft. per month Map and plan printing $4.00/copy Section 2 That Section 21.04.050(a) of the City of Aspen Municipal Code be hereby amended to read as follows: (a) No person shall occupy, construct, place or maintain within any public right-of- way any building, structure or appurtenance, fence, tree, vegetation or other obstruction without first having obtained an encroachment license from the City Engineer. Any person seeking an encroachment license must submit an application on forms provided.by the City Engineer, accompanied by an administrative fee in an amount prescribed by Subsection 2.12.050(e) of this Code. The City Engineer may specify the terms and conditions under which any encroachment license is to be issued so as to protect the best interests of the City. All encroachment licenses granted under this Section whether delineated as temporary or permanent shall be revocable by the City with or without cause at any time. Section 3 That Sections 21.12.010, 21.12.020, 21.12.030, 21.12.90, 21.12.120, 21.12.130, and 21.12.140 of the City of Aspen Municipal Code be hereby amended to read as follows: Sec. 21.12.010. Permit required. It shall be unlawful for any person to undertake any construction or repair within or dig up, open, disturb, grade, excavate, or otherwise alter any public right-of--way or use, occupy, or stage construction materials in any public right-of--way in the City without first having obtained a permit or license for such work from the City Engineer. A separate permit shall be required for each construction or excavation project. New and existing structures should be able to accomplish their various needs within the confines of their property boundaries and required setbacks. All right-of--way permit and encroachment license applications shall comply with the most current edition of the Engineering Department's construction and excavation standards for work in the public rights-of--way. All encroachment licenses granted under this Section whether delineated as temporary or permanent shall be revocable by the City with or without cause at any time. Sec. 21.12.020. Application. Application for aright-of--way permit or encroachment license, either temporary or permanent, shall be made no later than one (1) week prior to the planned commencement of the work. The applicant must have a valid builder's or excavating license issued by the City of Aspen/Pitkin County Building Department. The City Engineer may allow the permittee to obtain a permit or license sooner than one (1) week prior to the planned commencement of the work if the scope of work is deemed to be minimal. Emergency situations will be exempt; however a permit must be obtained as soon as is possible and no later than the next business day. Sec. 21.12.090. Issuance of permit in certain months restricted. No permit required by this Chapter shall be issued for any construction or excavation within any City right-of--way for the period from November 1 through March 31, except in case of an emergency. In addition, from June 1 through Labor Day weekend for the Commercial Core and Main Street Corridor, no construction or excavation within any City right-of--way will be permitted except in case of an emergency. Sec. 21.12.120. Street closures not permitted. Street closures are not permitted. The City Engineer may permit lane closures. When lane closures are permitted, the applicant must: (a) Verify the closure specified on the permit with the Engineering Department, the School District and the Roaring Fork Transit Authority (BETA) at least one (1) week in advance. (b) Notify the Aspen Communication Center at (970)920-5310 one (1) day prior to closure and at the time of re-opening. (c) Set and maintain, at the applicant's expense, necessary barricades, flashers, construction signs and flaggers; and take all necessary precautions in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). (d) Hours of work will be in compliance with Title 18 or Title 8 or both. Utility work must be completed between 7:00 a.m. and 5:00 p.m., Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday, unless approved otherwise by the City Council. Sec. 21.12.130. Limitations on use of public streets, alleys and sidewalks for construction materials. (a) Purpose. It shall be the purpose of this Section to regulate the use of public streets, alleys and sidewalks for construction material storage and placement of pedestrian barricades. This regulation is intended to ensure adequate snow removal in City streets, alleys and sidewalks, allow for safe flow of pedestrian and vehicular traffic and maintain the image of the City as a resort community, while also accommodating construction activity. (b) Definitions. Construction material storage means parking of construction trailers or construction equipment, storage of construction materials for any purpose related to the construction activity. Pedestrian barricades means any structure authorized by the City Engineer to permit the safe passage of pedestrians past construction sites. Paved street means that portion of the right-of--way between curbs or drainage swales. Sidewalk means that portion of the right-of--way between a curb or drainage Swale and a property line. Staging means any construction related activity that lasts less than one working day. (c) Limitations. (1) The following limitations shall be enacted on the use of the public right-of--way during the period of November 1 to March 31: a. Storage of construction materials shall be prohibited in all paved streets, alleys and sidewalks in the City. b. Placement of pedestrian barricades shall be prohibited in all paved streets and alleys in the City. c. Placement of pedestrian barricades shall not be permitted in sidewalks in the City Core. (2) The following limitations shall be enacted on the use of the public right-of--way during the period of April 1 to June 1 and Labor Day to November 1: a. Storage of construction materials shall be prohibited in all paved streets, sidewalks and alleys in the City. b. Placement of pedestrian barricades shall be permitted in paved streets, alleys and sidewalks in the City by obtaining a temporary revocable encroachment license from the City Engineer. (3) The following limitations shall be enacted on the use of the public right-of--way during the period of June 1 through Labor Day: a. Storage of construction materials shall be prohibited in all paved streets, sidewalks and alleys in the City. b. Placement of pedestrian barricades shall be prohibited within the Commercial Core and Main Street Corridor. c. Placement of pedestrian barricades shall be permitted in paved streets, alleys and sidewalks in the City by obtaining a temporary revocable encroachment license from the City Engineer. (4) Exceptions. a. The City Engineer or City Council may make exceptions to this Section when special circumstances are present where strict compliance of these regulations would jeopardize the public safety or the expeditious continuation of the project and granting the exception is in the public interest. b. Construction staging may occur with limited activities and limited work hours. (d) Permits. (1) The City Engineer shall have the sole responsibility for issuance of permits and licenses pursuant to this Section. Reserved construction parking permits shall comply with Section 24.16.240. (2) In determining whether to issue a permit, the City Engineer shall consider the following: a. For the placement of pedestrian barricades in the public right-of--way, the applicant shall demonstrate that the barricade: cannot be functionally located on private property; provides for safe passage of pedestrians according to International Building Code Chapter 33 and City Engineer; will be maintained in a usable, safe and attractive manner; and is located so as to minimize the loss of public parking spaces to the extent practicable. b. For the storage of construction materials in City rights-of--way, the applicant shall: demonstrate that the materials cannot be functionally located on private property; provide a pedestrian walkway to replace the sidewalk when it is blocked by construction materials; and ensure that the period of storage is the minimum necessary to accomplish necessary construction activities. Sec. 21.12.140. Permanent Encroachments into City Rights-of--Way. As a general policy, it is not in the City's interest to grant permanent encroachments, thereby providing public property for private use. New and existing structures should be able to accomplish their various needs within the confines of their property boundaries and required setbacks. Variances from this requirement may be granted by the City Engineer or City Council. Criteria which may be considered by the City Engineer for granting a variance from this requirement include, but are not limited to: Encroachments into the right-of--way associated with soil earth retention (pilings, soils nails, etc) may be authorized by the City Engineer under the following proposed regulations which include, but are not limited to: a. The associated structure is commercial or mixed commercial/residential b. The applicant must prove extenuating circumstances preclude using other methods of stabilization that can be contained entirely within project property boundaries. c. The earth retention fixture is sacrificial and can be removed after subsequent structural elements are completed. d. The earth retention structure does not extend past the back of curb of any abutting roadway or into the driving surface of any alley and is installed 5' below any utilities. e. In no circumstance shall any encroaching fixture be within the first 7' below grade. £ The applicant shall pay a fee in accordance with section 2.12.051 of the Municipal Code. The fee will encompass the total horizontal and vertical extent of the appurtenance measured from the property line and shall be in effect for the duration that the appurtenance is in service for its intended use. 2. Encroachments into the right-of--way associated with public .infrastructure improvements that provide a public benefit. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance shall be held on the ~~ day of ~ ~~ in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~~day of ~~~~ (/~ ~= Mick Ireland, Mayor Attest: Kathryn S. K ,City lerk FINALLY, adopted, passed and approved, this 2 ? lay of ~C ~ ~~ ~,, Mick Ireland, Mayor Attest: