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HomeMy WebLinkAboutordinance.council.020-90 ORDINANCE NO. (Series of 1990) AN ORDINANCE A~ENDING SECTION 19, ARTICLE III OF THE ASPEN MUNICIPAL CODE REGARDING EXCAVATIONS IN THE CITY RIGHT-OF-WAY. WHEREAS, the City intends to insure the q~ality of repairs and improvements made by users of the right-of-way. WHEREAS, the City intends to minimize the disruption caused by street excavations. WHEREAS, the City intends to require advance notice about excavations in the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Sections 19-46 through 19-50, 19-52 through 19-57, 19- 69, 19-70, 19-74, 19-78 and 19-79, Article III, Chapter 19 of the Municipal Code of the City of Aspen, Colorado, be repealed and reenacted to read as follows: Sec. 19-46. 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 street, alley, sidewalk, or other public right-of-way in the City without first having obtained a permit for such work from the Director of Public Works. A separate permit shall be required for each constructIon or excavation project. Sec. 19-47. Application Application for an Excavation Permit shall be made no later than one 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 Director of Public Works may allow the permittee to obtain a permit sooner than one week prior to the planned commencement of the work if the scope of work is deemed to be a small excavation. 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. 19-48. Plans and specifications required for construction. No permit for construction within any City right-of-way shall be issued until plans have been submitted to and approved by the Director of Public Works. Sec, 19-49. Fees. No permit shall be issued unless the applicant has first signed the required agreement and paid the required fees as follows: (a) An indemnity and hold harmless agreement as approved by the City Attorney. (b) A permit fee of twenty-live dollars ($25.00). (c) A surety bond of two thousand dollars ($2,000.00). Every person applying for an Excavation Permit shall file with the Department of Public Works a surety bond in favor of the City in a sum of $2,000.00 (or other amount determined by the Director of Public Works) conditioned upon (1) the faithful performance of such work in strict compliance with the specifications~ rules, regulations and ordinances of the city of Aspen; (2) the restoration and clean up of any street, alley, sidewalk, curb, gutter, or other public place in which the boring, excavation or opening shall be made, to its original condition as determined by the Public Works Department; and (3) the maintenance of the site during the warranty period herein provided. For projects over $4000.00, the contractor shall take out a performance bond with the owner, naming the City of Aspen as co-insured for the amount of the project. This can be in lieu of the surety bond. The bond may be waived by the Director of Public Works upon applicant's showing of good cause. (d) If the City must replace the improvements, the contractor will be assessed for these improvements. The City will charge the contractor the cost of the time and materials involved plus 100%. This applies to any work that the City must perform including demolition, backfill, compaction and replacing asphalt, paving fabric, concrete sidewalk curb and gutter, and Mall bricks. This will encourage the contractor to take the initiative to replace the improvements. The City will not replace improvements unless the contractor chooses not to replace them, or unless the contractor has installed substandard improvements. Sec. 19-50. Permittee may replace paved improvements. For construction and excavation in paved areas the permittee may elect, subject to the approval of the Director of Public Works, to replace the paved improvements in lieu of paying the fees specified in Section 19-49(d). The pedestrian mall brick pavement area shall be reconstructed under the supervision of the Parks director. Where bricked or other specialized sidewalks are encountered outside of the pedestrian mall, the permittee shall undertake complete restoration of the surface. All bricks or other specialized sidewalk materials shall be removed with care and stockpiled for reuse if at all possible. The replacement of the paved improvements shall be in accordance with all city specifications and subject to inspections by the Director of Public Works. Sec. 19-52. Conditions and special requirements for issuance. Permits under this division shall be issued subject to all I ~ the regulations and specifications in Division 2 of this article, the City's standard specifications for street improvements, and any special requirements that the Director of Public Works deems necessary in order to maintain the health, welfare, safety and convenience of the public. Sec. 19-53. Change in scope of work; duty to notify. If there is any change in the scope or extent of the work described in the approved construction or excavation permit, the permlttee shall immediately notify the Director of Public Works before proceeding. Sec. 19-54. Issuance of permit in certain months restricted. No permit required by this d[ivislon shall be issued for any construction or excavation within any alley or roadway for the period from November 1 through March 31, except in case of an emergency occasioned by a break or stoppage of any water, sewer, gas line, or other buried utility. In addition, from June 15 through Labor Day weekend for the Commercial Core and Main Street Corridor, no construction or excavation within any alley or roadway will be permitted except in case of an emergency occasioned by a break or stoppage of any water, sewer, gas line, or other buried utility or as otherwise recommended by the Director of Public Works and approved by the City Manager. Sec. 19-55. Permit to be kept and exhibited at site. The permit required by this division shall be kept at the site of the excavation while the work is in progress and shall be exhIbited upon request to the Director of Public Works, his authorized representative, or any police officer. Sec. 19-56. Record keeping required. The Director of Public Works shall keep a record of all permits issued. Sec. 19-57. 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. Th~s regulation is intended to insure adequate snow removal in City streets, alleys and sidewalks, allow for safe flow of pedestrian and vehmcular traffic and maintain the image of Aspen as a resort community, while also accommodatmng constructIon activity. (b) Definitions 1. "Construction material storage" means parking of construction trailers or construction equipment, storage of construction materials for any purpose other than unloading or placement of any structure which is typically accessory to construction activity. 2. "Pedestrian barricades" means any structure authorized by the Director of Public Works to permit the safe passage of pedestrians past construction sites. 3. "Paved street" means that portion of the right-of- way between curbs or drainage swales. 4. "Sidewalk" means that portion of the right-of-way between a curb or drainage swale and a property line. (c) Limitations 1. The following limitations shall be enacted on the use of the public right-of-way during the period of November 15 to April 15: a. Storage of construction materials shall be prohibited in all paved streets, in alleys and in sidewalks in the City of Aspen. b. Placement of pedestrian barricades shall be prohibited in all paved streets and in alleys in the city of Aspen. c. Placement of pedestrian barricades shall be permitted in sidewalks in the city of Aspen by obtaining a permit from the Director of Public Works. 2. The following limitations shall be enacted on the use of the public right-of-way during the period of April 16 to November 14: a. Storage of construction materials shall be prohzbited in all paved streets and in alleys in the city of Aspen. b. Storage of construction materials shall be permitted in sidewalks in the City of Aspen by obtaining a permit from the Director of Public Works. c. Placement of pedestrian barricades shall be permitted in paved streets, in alleys, and in sidewalks in the Czty of Aspen by obtaining a permit from the Director of Public Works. 3. Exceptions a. The Dzrector of Public Works may make exceptions to this section when special c~rcumstances 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. (d) Permits 1. The Director of Public Works shall have the sole responsibility for issuance of permits pursuant to thzs Section. 2. In determzning whether to issue a permit, the Director of Public Works 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; 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 a sidewalk, 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 insure that the period of storage is the minimum necessary to accomplish necessary construction activities. Sec. 19-69. Construction and excavation subject to inspection All work requiring a permit pursuant to the provisions of this article shall be subject to inspection, in complIance with city codes, at all times by the Director of Public Works or his authorized representative. It shall be unlawful to obstruct or hinder any lawful inspection. Sec. 19-70. Time limitations for excavations. No excavation shall be open for more than seventy-two (72) hours. After that time, the excavation shall be backfilled to the level of the adjacent pavement. In the event of unforseen extenuating circumstances a permittee may apply for an extension of the seventy-two hour limitation, and after investigation the Director of Public Works may grant such an extension if the reasons and circumstances justify an extension. Sec. 19-74. Responsibility to protect street improvements, utilities, or property and report their damage. It is the responsibilIty of the permittee to sustain, secure and protect any pipes, poles, mains, cables, street improvements, or property from damage or disturbance that was not previously authorized. If damage occurs, the permittee shall immediately notify the Director of Public Works or the effected utility. Sec. 19-78. Select Backfill. Ail excavations, cuts, openings or trenches shall be backfilled with imported material meeting the following specifications unless native material is approved by the Director of Public Works: Sieve Size Percent Passinq by Weiqht three-fourths inch 100 percent No. 4 30-60 percent No. 10 25-50 percent No. 200 5-12 percent Liquid limit 25 percent maximum Plastic limit 6 percent maximum All trenches shall have a granular subbase backfill material, free from organic matter and lumps or balls of clay, consisting of hard, durable particles or fragments of stone or gravel and a filler of sand or other finely divided mineral matter. Subbase material shall be compacted to 95% of the proctor density according to ASTM D-698-78 in lifts not to exceed twelve inches. The last eighteen inches of the backfill material shall be 3/4" minus compacted in 6" lifts to 95% of the proctor density according to ASTM D-698-78. Sec. 19-79. Clean up of work site. The permlttee shall remove all excess excavated material, boulders, barricades, signs, supplies, equipment, rubbish and debris from the work site within three working days~ The work site shall be left in a neat and clean appearance. It is strongly recommend that the permlttee take photos of the condition of the site prior to excavation. In the event that the City cleans up for the permittee, if for any reason the surety bond is inadequate to cover the cost of the work performed by the City or its contractor to clean the site, the amount of such deficiency or damage shall be certified to the Finance Director who shall collect the same from the person to whom the permit was issued. No further permits shall be granted to that person or anyone else on the person's behalf until the amount of such deficiency has been paid. Section 2 That Section 19-84 through 19-93, Article III, Chapter 19 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding those sections to read as follows: Sec. 19-84. Warranty Period. Any repaving, restoration or improvement shall be warranted by the permittee against all defects for a period of two years from the completion of such work. Sec. 19-85. Termination of project if not expeditiously completed. All work authorized by a permit shall be commenced at the time specified on the Permit and shall be diligently and continuously performed until completed. In the event that weather, process of law, or any other unexpected obstacles cause work to be stopped for so long that public travel is unreasonably obstructed, the Director of Public Works may order the excavation refilled, compacted and repaved as if the work contemplated in the permit were actually completed. Sec. 19-86. Repair to paved streets. Ail excavated streets that contain a layer of paving fabric shall be replaced with paving fabric. Specifications for the paving fabric may be obtained from the Director of Public Works. Sec. 19-87. Placement of ribbon in utility trenches. All utility installations must have warning ribbon placed in the trench, eighteen (18) inches above the cable, pipe or conduit. This applies to all exposed utilities. The tape may be obtained from the utilities. The color of the tape shall be per industry standards. Sec. 19-88. Asphalt Repaying. In the case of excavations requirIng repaving the following specifications will apply: Asphalt repaying shall be at least four inches in depth, applied in two, two-inch lifts. The asphalt repaving shall extend outside the excavation by at least twelve inches to a clean-cut, square-cornered, vertical edge. A paving lay-down machine shall be utilized to repave longitudinal trenches with a width in excess of one-third of a traveled lane. All asphalt paving and must be applied w~thin seven working days after the trench is backf~lled. The permittee shall remove and haul away excess asphalt. Sec. 19-89. Restrictions to Protect Pedestrian and Vehicular Traffic. No opening or excavation shall be undercut or have a greater width at the bottom than the top. In no case shall more than one-half of the width of any street, alley or other public place be opened or excavated at any one time, and in all cases one-half of such street, alley or other public place shall remain untouched for the accommodations of traffic until the other one- half is restored for safe use unless authorized by the Director of Public Works. All such work shall be performed in such a way as to cause minimum inconvenience and restriction to the public and both pedestrian and vehicular traffic. Sec. 19-90. As-built drawings required. Upon completion of the excavation, the excavator shall furnish a sketch showing all utilities encountered during the excavation, their size and their identification, and their location based on swing ties to fixed monuments such as manholes, street lights, curbs, and their depths below the surface of the street, alley or sidewalk area. Sec. 19-91. Excavation under existing curb and ~utter and sidewalk. If any excavation occurs under existing curb and cutter or sidewalk, that curb and gutter and sidewalk shall be removed and replaced. The replacement shall be from the nearest concrete joint. The curb and gutter and sidewalk must be replaced within seven (7) working days after the excavation is complete. Permittees may bore under curb, gutter and sidewalk and not have to replace it if approved by the Director of Public Works. Sec. 19-92. D~st Control. It shall be the permlttee's responsibIlity to control dust at the excavation site. Dust control measures shall occur as often as necessary as determined by the Director of Public Works. Sec. 19-93. Violation - Penalty. Any violations of this chapter are punishable by a fine of not more than $300, or by imprisonment not to exceed ninety days, or revocation of the violator's Builder's or Excavating License, or any combination of such fine, imprisonment and revocation. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and shall be punished accordingly. Section 3 If any section, subsection~ sentence, clause, phrase or portion of this ordinance is for any reason held ~nvalid 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 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior.ordinances. Section 5 A publ~ hearing on the ordinance shall be held on the ~Z<L day of~/~L/t~ , 1990 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the~ Council of the City of Aspen on the /~gz~_/day of , 1990. William L. stifling, Mayor ATTEST: ~ Y adopted, passed and approved this~37~-~ ~L day of , 1990. William L. St'irling, Mayor ATTEST: Kathr n s ~~ ~ch, City Clerk