Loading...
HomeMy WebLinkAboutordinance.council.030-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~0 (Series of 1975) AN ORDINANCE REPEALING ARTICLES I, III, IV AND V OF CHAPETER 19, OF THE MUNICIPAL CODE, CONCERNING STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY, AND REENACTING THE SAME WITH AMENDMENTS; ESTABLISHING DEFINITIONS FOR THE CHAPTER; PROHIBITING CONSTRUCTION IN RIGHTS-OF- WAY WITHOUT CITY COUNCIL APPROVAL; ALLOWING STORAGE ON RIGHTS-OF-WAY ONLY WITH THE APPROVAL OF THE CITY ENGINEER; CONCERNING DANGEROUS STREET OPENINGS; PROHIBITING INTERFERENCE WITH STREET EXCAVATIONS AND SAFETY DEVICES USED IN CONJUNCTION THEREWITH; PREVENTING WATER DRAINAGE ONTO RIGHTS-OF-WAY AND REQUIRING SNOW CLEARANCE BY ABUTTING OWNERS; ESTABLISHING REQUIREMENTS AND PROCEDURES FOR EXCAVATIONS WITHIN RIGHTS-OF-WAY (INCLUDING USE OF SAFETY DEVICES AND EXCAVATION TECHNIQUES, BACKFILL REGULATIONS); DESCRIBING WHEN SIDEWALK, CURB, AND GUTTER IMPROVEMENTS MUST BE MADE; SETTING OUT DRIVEWAY AND CURB CUT SPECIFICATIONS; IMPOSING RESPONSIBILITY FOR REPAIRING HAZARDOUS SIDEWALK, DRIVEWAY, CURB AND GUTTER CONDITIONS; PROVIDING FOR REGULATION OF LANDSCAPING ON PUBLIC RIGHTS-OF-WAY; AND DELETING SETIONS 19-150 OF ARTICLE VII OF SAID CHAPTER 19. WHEREAS, the City Council has been presented with various recommendations for the amendment of Articles I, III, IV, V and VII of Chapter 19 of the Municipal Code and the City Council wishes to adopt the same, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Articles I, III, IV, and V of Chapter 19 of the ~unicipal Code of the City of Aspen, Colorado, be repealed and re- enacted to read as follows: CHAPTER 19 STREETS, STREET IMPROVEMENTS AND PUBLIC RIGHT-OF-WAY Article I. In General, Section 19-1--19-25 Article II. Department of Streets Alleys, Section 19-26--19-45 Article III. Construction and Excavation within Public Right-of-Way, Section 19-46--19-95 Division 1, Permit, Section 19-46--19-68 Division 2, Regulations and Specifications, Section 19-69--19-95 RECORD OF PROCEEDINGS 100 Leaves Article IV. Article V. Article VI. Article VII. Sidewalk, Driveway, Curb and Gutter; Section 19-96-- 19-120 Trees and Landscaping on Public Right-of-Way, Section 19-121--19-140 Permits for Ski Storage Racks Encroaching or Located Upon Public Right-of-Way, Section 19-141--19-149 Procedures for Establishing Sidewalk Improvement Districts, Section 19-150--19-159 ARTICLE I - IN GENERAL Section 19-1 Definitions. For the purposes of this phrases are defined as follows: chapter certain words or (a) Alley - A public way having less width than a street and designated for access to the rear of buildings or improvements. (b) Curb Cut - That portion of the street curb or roadway frontage which abuts a driveway. (c) Driveway - That portion of the sidewalk area which is improved, designed, or ordinarily used for vehicular access to property abutting the street. (d) Paved Improvements - The term shall include any improvement constructed of asphalt concrete, seal and chip, concrete or similar impervious wearing surface, including but not limited to roadway, sidewalk, curb, gutter and similar improvements. (e) Public Right-of-Way - Any public way or public thoroughfare dedicated or devoted to public use includ- ing street, highway, boulevard, sidewalk, designation. road, alley, lane, court, public square, mall or like (f) Roadway - That portion of a street improved, designed, or ordinarily used for vehicular traffic. -2- RECORD OF PROCEEDINGS 100 Leaves Section 19-2 (g) Sidewalk - That portion of the sidewalk area which is paved with an all-weather surfacing for use by pedestrians. (h) Sidewalk Area - That portion of a street between the curb line, or the lateral line of a roadway, and the adjacent property line, intended for the use of pedestrians and including the terms border area, park- way, park strip, planting strip and like designations. (i) Street - A public way for vehicular traffic including roadway and sidewalk area, being the entire width from property line to property line dedicated or devoted to public use, and including the terms highway, road, place, avenue, or other like designations. (j) Street Improvement - The term shall include roadway paving, sidewalks, driveways, curbs, gutters, street lights, street signs, traffic signs and signals, storm sewers, culverts, bridges and drainage appurtenances and similar items. Certain ordinances relating to streets not affected by Code. Nothing in this Code or the ordinance adopting this Code shall be construed as repealing or otherwise affecting the validity of any ordinance: (a) Dedicating, accepting, naming, establishing, locating, relocating, opening, paving, widening, improving, or vacating any street or other public way in the city; (b) Establishing or prescribing grades for streets or street improvements in the city; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out in full herein. -3- RECORD OF PROCEEDINGS 100 Leaves Section 19-3 House numbering - Required. Ail lots, building and structures in the city shall be numbered in accordance with the following plan: (a) North numbers shall commence on the north property line of Main Street. (b) South numbers shall commence on the south property line of Main Street. (c) East numbers shall commence on the east property line of Garmisch Street. (d) West numbers shall commence on the west property line of Garmisch Street. (e) Even numbers shall be on the east and north sides of the streets. (f) Odd numbers shall be on the south and west sides of the streets. Section 19-4 Same - Map. The building inspector shall keep a map showing proper street number of every building site in the city which be open to inspection to any interested person. Section 19-5 Occupancy of right-of-way prohibited without the shall Council approval. No person shall occupy or construct within any public right-of-way any permanent building, structure or appurtenance which is not dedicated or devoted to public use without the prior approval of the City Council. Section 19-6 Temporary construction within public right-of-way Restricted. Temporary guardrails, pedestrian walkways, protective canopies, field offices and similar items shall not be constructed on public right-of-way without prior approval of the city engineer. -4- RECORD OF PROCEEDINGS 100 Leaves Section 19-7 Temporary storage of merchandise on public right-of-way - Restricted. It shall be unlawful for any person receiving or delivering merchandise, commodities or construction materials within the city to place, keep or suffer to be kept upon public right-of-way any such merchandise, commodities or construction materials without the approval of the city engineer. Section 19-8 Obstruction of ditches and gutters - Prohibited. No person shall obstruct or damage in any manner any ditch, gutter, drain, catchbasin, culvert or other drainage improve- ment within public rights-of-way or under control of the city. Section 19-9 Dangerous openings in streets. No person shall leave or keep open any cellar door, pit, vault, manhole or other subterraneous opening on any street, alley, sidewalk, or other public way, or keep such opening in an unsecured condition so that vehicles, persons or animals will be in danger of sustaining injury or damage. Section 19-10 Obstructing excavations, construction or repairs Prohibited. It shall be unlawful for any person to hinder or obstruct any excavation or the construction or repair of any paving, sidewalk, curb, gutter, drainage improvement, utility or other street improve- ments performed pursuant to the provisions of this chapter. Section 19-11 Damaqe, removal, etc. of safety barricades or devices - Prohibited. It shall be unlawful to damage, displace, remove or interfer with any barricade, warning light or other safety appliance or device which is lawfully placed around or about any excavation or other street improvement construction in any street, alley, sidewalk, or other public right-of-way. -5- RECORD OF PROCEEDINGS 100 Leaves Section 19-12 Drainin~ water onto public right-of-way - Restricted. No person shall drain water from any swimming pool, therapy pool, cistern, pond or similar improvement onto the public right-of-way without approval of the street superintendent. Section 19-13 Responsibility for removal of ice and snow from sidewalk. Any person in possession of, or owning, or the agent of any person possessing or owning any building or lot, whether occupied, improved, or vacant, within the city shall remove the ice and snow from the sidewalk in the right-of-way adjoining the same within twelve (12) hours after snow shall have fallen or accumulated thereon. Section 19-14 through Section 19-25 - Reserved. ARTICLE III CONSTRUCTION AND EXCAVATION WITHIN PUBLIC RIGHT-OF-WAY DIVISION I - PERMIT Section 19-46 Permit - Required. It shall be unlawful for any person to undertake any construction or repair within; or to 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 city engineer. A separate permit shall be required for each construction or excavation project. Section 19-47 Application. Application for a construction or excavation permit shall be made twenty-four (24) hours prior to planned commencement of work upon a form provided by the city engineer and shall show by sketch plan the location and extent of the construction or excavation -6- RECORD OF PROCEEDINGS 100 Leaves and shall state the name and contractor license number of the person performing the work, the nature and purpose of the work, and any other pertinent information as required by the city engineer. Section 19-48 Plans and specifications required for construction. No permit for construction of street improvements shall be issued until plans and specifications have been submitted to and approved by the city engineer. Section 19-49 Fees. No permit shall be issued unless the applicant therefor shall have first paid the required fee determined as follows: (a) An inspection fee of fifteen ($15.00) dollars shall be assessed for each permit except when the work is being performed directly by or for the city. (b) In addition to the inspection fee the following fees will be assessed when the city must replace paved improvements: Asphalt or concrete paving or sidewalk $ 2.00/square foot Concrete curb and gutter $10.00/l~neal foot Section 19-50 Permittee may replace paved improvements. For construction and excavation in paved areas the permittee may elect, subject to the approval of the city engineer, to replace the paved improvements in lieu of paying the fees specified in Section 19-49(b). The replacement of the paved improvements shall be in accordance with all city specifications and subject to inspection by the city engineer. Section 19-51 Licensing and insurance - Required. All permittees under this division must be licensed and insured pursuant to Chapter 7, Article III, Division 2. -7- RECORD OF PROCEEDINGS 100 Leaves Section 19-52 Conditions and special requirements for issuance. Permits under this division shall be issued subject to all the regulations and specifications in Division 2 of this article, the city's standard specifications for street improvements, and any special requirements that the city engineer deems necessary in order to maintain the health, welfare, safety and convenience of the public. Section 19-53 Change in scope of work - Duty to notify. It there is any change in the scope or extent of the work described in the approved construction or excavation permit, the permittee shall immediately notify the city engineer before proceeding. When the work is in paved areas an additional fee will be assessed in accordance with Section 19-49(b). Section 19-54 Issuance in certain winter months Restricted. No permit required by this division shall be issued for any construction or excavation within any paved roadway from November 1 through March 31 except in the case of an emergency occasioned by a break or stoppage of any water, sewer, gas line or other buried utility. Section 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 city engineer, his authorized representative, or any police officer. Section 19-56 Record keeping - Required. The city engineer shall keep a record of all permits issued. Section 19-57 through Section 19-68 Reserved. -8- RECORD OF PROCEEDINGS 100 Leaves DIVISION 2 REGULATIONS AND SPECIFICATIONS Section 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 at all times by the city engineer or his authorized representative. It shall be unlawful to obstruct or hinder any lawful inspection. Section 19-70 Time limitations for excavations. No excavation shall be open for more than seventy-two (72) hours. In the event of unforeseen extenuating circumstances a permittee may apply for an extension of the seventy-two (72) hour limitation, and after investigation the city engineer may grant such an extension if the reasons and circumstances justify an extension. Section 19-71 Emergency access - Required. No construction shall be performed, or excavation made, in such manner as to prohibit access by emergency vehicles to any building, structure or dwelling unit abutting the street or public right-of-way. It shall be the responsibility of the permittee to notify the city police department when any construction or excavation obstructs the roadway from sunset to sunrise. Section 19-72 Safety measures and barricades - Required. (a) It shall be unlawful for any person to perform any work requiring a permit pursuant to the provisions of this article without providing sufficient warning lights and safety barricades or fencing around the construction or excavation from sunset to sunrise to prevent persons, animals and vehicles from sustaining injury or damage. -9- RECORD OF PROCEEDINGS 100 Leaves (b) From sunrise to sunset safety barricades or fencing shall be maintained but warning lights are not required. (c) Flagmen, signals, special traffic signing, walkways, ramps, canopies, or other similar safety precautions shall be required when the city engineer deems necessary in order to maintain the health, welfare, safety and convenience of the public. (d) All state laws, provisions of this Code, or other city ordinances dealing with measures for the safety of workmen and the public shall be observed by permittees in addition to any regulations contained in this article. Section 19-73 Protection of street improvements, utilities and adjacent property. Any person performing any work requiring a permit pursuant to the provisions of this article shall provide shoring, bracing, piling, or other necessary devices and shall use the necessary precautions to protect street improvements, utilities and adjacent property from damage or disturbance. It shall be the responsibility of the permittee to obtain the location of any underground utilities. Section 19-74 Responsibility to report damage of street improvements, utilities or property. It shall be the responsibility of every permittee under this article to immediately notify the city engineer, and any concerned utility, about damage or disturbance to any street improvement, utility, or property not previously authorized in the construction or excavation permit. -10- RECORD OF PROCEEDINGS 100 Leaves Section 19-75 Removal of paved improvements. Ail cuts in asphalt, concrete or other paved improvements shall be made in a neat manner with square edges and straight lines. All cuts in concrete shall be sawed; and sidewalk, curb and gutter shall be removed to the nearest joint if in the opinion of the city engineer the portion otherwise remaining would be too small to function satisfactorily. Section 19-76 Disposal and handling of excavation material. All excavated material shall be removed from the site and disposed of by the permittee as the excavation is made when the city engineer deems it necessary due to traffic or other conditions. Any excavated material not removed immediately shall be stockpiled in a location approved by the city engineer. Section 19-77 Backfill. All backfill shall be free from muck, debris, paving, frozen material, or organic matter and shall be placed uniformly and at optimum moisture content for the required density. Compaction shall be by mechanical tamping unless water jetting or flooding is specifically approved by the city engineer. The completed and compacted backfill shall project slightly in a rounded surface above the original grade except where a temporary patch is required. All backfill material and compaction shall be subject to inspection by the city engineer and shall meet additional specifications according to the following classifications: (a) Excavations in paved areas: Backfill shall be entirely select material and shall be placed in layers not to exceed eighteen in depth. Compaction shall be ninety-five of the A.S.T.M. Designation D 698-64T. (b) Excavations in graveled and improved, (18) inches (95%) percent but unpaved, areas: -11- RECORD OF PROCEEDINGS 100 Leaves Section 19-78 (3/4) Backfill may be native material if approved by the city engineer except that the top eight (8) inches, compact- ed depth, shall be three-quarter (3/4) inch crushed road base. Backfill shall be placed in layers not to exceed eighteen (18) inches in depth and shall contain no boulders greater than eighteen (18) inches in diameter. Compaction shall be ninety (90%) percent of the A.S.T.M. Designation D 698-64T. (c) Excavations in unimproved areas: Backfill may be native material except that no boulders shall exceed eighteen (18) inches in diameter and no boulders greater than six (6) inches in diameter shall be allowed in the top twelve (12) inches. Backfill shall be placed in layers not to exceed eighteen (18) inches in depth; compaction shall be eighty-five (85%) percent of the A.S.T.M. Designation D 698-64T. (d) Excavations around utilities: When buried utilities are exposed they shall be backfilled with a minimum of twelve (12) inches of compacted select material. Select backfill material. Select backfill material shall be sand, inch crushed road base, or other materials as three quarter approved by the city engineer. Three-quarter the following specifications: Sieve Size 1 inch 3/4 inch 3/8 inch No. 4 No. 8 (3/4) inch crushed road base shall meet Percentage Passing by Weight 100 90-100 20- 55 1- 10 0- 5 -12- RECORD OF PROCEEDINGS 100 Leaves Section 19-79 Clean up of work site. The permittee shall remove all excess excavated material, boulders, barricades, signs, supplies, equipment, rubbish and debris from the work site as soon as possible. The work site shall be left in a neat and workmanlike appearance. Section 19-80 Responsibility of permittee to provide temporary patch. The permittee shall provide a temporary asphalt patch not less than two (2) inches thick over all backfill for excavations within paved roadways. This patch shall be installed when the back- fill is completed. In paved improvements other than roadways, the temporary patch shall be provided only when required by the city engineer. Section 19-81 Maintenance of backfill and temporary patch. All backfill and any temporary patch shall be maintained in a satisfactory condition, and all places showing signs of settle- ment shall be filled and maintained for a period of eighteen (18) months following the date of the permit to excavate. When the permittee is notified by the city engineer that any backfill is hazardous, he shall correct such hazardous condition at once. If the hazardous condition is not repaired within three (3) working days after notification, the city may elect to repair the hazardous condition. The expense of such repair shall be the responsibility of the permittee. Repair by the city will not release the permittee from responsibility for subsequent failures. Any utilities or paved improvements damaged by settlement shall ve repaired at once by the permittee to the satisfaction of the city engineer. If the damage is not repaired within three (3) working days after notification, the city may elect to repair the damage. The expense of such repair shall be the responsibility -13- RECORD OF PROCEEDINGS 100 Leaves of the permittee. Repair by the city will not release the permittee from responsibility for subsequent damage by settlement. In addition, the permittee shall be responsible for the cost to the city of all claims for damages made and actions brought against the city for, and on account of, such damage. Section 19-82 Responsibility of city to replace paved improvements. The city shall be responsible for replacing all paved improvements which are damaged or removed as soon as practicable unless the permittee has elected to do so pursuant to Section 19-50. Section 19-83 Compliance - Required. Any work performed which is not in strict conformity with this article shall, within ten (10) days after notice to the owner or person who performed the work, be made to conform to this article at the expense of the owner or responsible party or the same shall be corrected or removed by the city at the expense of the owner or responsible party. Section 19-84 through Section 19-95 Reserved. Section 19-96 ARTICLE SIDEWALK, DRIVEWAY, Permit Required. IV CURB AND GUTTER No sidewalk, driveway, curb, gutter or related street improvement required by this article shall be constructed or repaired without complying with the requirements of Article III of this chapter. Section 19-97 Construction to comply with standard specifications. All sidewalk, driveway, curb and gutter construction shall be in accordance with the city's standard specifications for the same on file in the office of the city engineer. -14- RECORD OF PROCEEDINGS 100 Leaves Section 19-98 Construction of sidewalk, curb and gutter required for all new construction in certain districts. The building inspector shall not issue a Certificate of Occupancy for any new construction in the CC, C1, NC or CL commercial zoned districts or other area as designated on the adopted sidewalk, curb and gutter plan unless sidewalk, curb, and gutter has been constructed in the right-of-way adjoining the building site. Section 19-99 Reservation of funds for construction of sidewalk, curb and gutter. If the weather prevents construction of the improvements required by Section 19-98 at the time of completion of the principal improvements, the building inspector may issue a Certificate of Occupancy after funds have been escrowed for the construction of same. The amount of the escrow shall be determined by the city engineer and shall be at least one hundred (100%) percent of the current cost of construction. The escrow agreement shall in no way relieve the owner of the responsibility for construction of the improvements when it shall become practicable. Section 19-100 Procedures when not feasible to construct sidewalk, curb and gutter. If the city engineer deems that the construction of improvements required by section 19-98 is inappropriate at the time of completion of the principal improvements due to existing conditions or future city plans, the building inspector may issue a Certificate of Occupancy after the owner of the property shall have complied with one of the following: (a) The owner shall have escrowed funds as required in Section 19-99. This procedure shall be used only -15- RECORD OF PROCEEDINGS 100 Leaves if it appears feasible that the improvements will be constructed within three (3) years. In the event that the improvements are not made within three (3) years, the escrowed funds shall be released and the owner shall enter into an agreement as required in paragraph (b) of this section. (b) If existing improvements or conditions make con- struction of sidewalk, curb and gutter within three (3) years unfeasible, the owner shall have entered into an agreement with the city whereby he shall agree to construct or pay for the construction of said improvements when the city deems their construction necessary and feasible. This agreement shall be a covenant running with the land. Section 19-101 Driveway and curb cut specifications. (a) Where curbs exist, or are required, driveways shall be paved for their full width from curb to property line. (b) Where a driveway crosses a sidewalk, the sidewalk shall be increased to a minimum of six (6) inches of concrete. (c) A driveway or curb cut on a corner lot shall be set back a minimum of ten (10) feet from the property line at the corner and shall be a minimum of five (5) feet from the end of the curb radius. (d) There shall be a minimum of twenty-five (25) feet between any two curb cuts whether on one or more properties, except common driveways may be used on adjoining properties. Distance between curb cuts will be such as to maximize the amount of on-street parking. -16- RECORD OF PROCEEDINGS 100 Leaves (e) The number and width of curb cuts for the different zoning districts shall be as follows: (1) In residential districts R-6, R-15, R-30, R-40 and RR and in Conservation (C) district there shall be allowed one (1) curb cut of ten (10) feet in width for each building site with sixty (60) feet or less frontage. For building sites with over sixty (60) feet of frontage the curb cut shall be either ten (10) feet in width for a single driveway or eighteen (18) feet in width for a double driveway. (2) In districts Neighborhood Commercial (NC), Service/Commercial/Industrial (S/C/I), Commercial Lodge (CL), Lodge-One (L-l), Lodge-Two (L-2),Office (0)and 0-2, and Residential-Multiple Family (R-MF), each building site shall be allowed either one (1) eighteen (18) foot wide curb cut or two (2) ten (10) foot wide curb cuts. (3) In commercial districts CC and C1 each building site shall be allowed one (1) ten (10) foot wide curb cut. (4) In specially planned districts and all other districts the number and size of curb cuts shall be subject to review. (f) No driveway or curb cut shall be allowed on State Highway 82 or other designated arterial where public alley access exists , anything to the contrary not- ~ithstanding. (g) All curb cuts shall conform to the standard specifications in the city engineer's office. -17- RECORD OF PROCEEDINGS 100 Leaves Section 19-102 Variations in curb cuts allowed for unusual conditions. Under unusual conditions of topography, drainage, exist- ing landscaping or improvements on city right-of-way, existing buildings or improvements on private property, or special use requirements for the property, a variance from the requirements in Section 19-101 for curb cuts may be given by the city engineer, upon filing a written application and a plot plan showing the building site and the special conditions existing thereon. Section 19-103 Responsibility to repair hazardous sidewalk, driveway, curb and gutter. When any sidewalk, driveway, curb, gutter or any combination thereof, in front of or abutting upon or servicing any premises shall be in disrepair so as to create a dangerous, hazardous, or unsafe condition, the city engineer shall cause notice to be served upon the owner, or other person in charge of or having the control and supervision of the premises, to repair such sidewalk, driveway, curb or gutter within thirty (30) days. It shall be unlawful for any person to fail or refuse to comply with such notice to repair. Upon such failure or refusal to comply with such notice to repair, the city engineer may repair the same by day's work or by contract, and the cost of such repair may be assessed upon and made a lien upon the land so benefited. In addition thereto, the city may cause an action to be instituted against the owner or the person in charge of the premises upon whom such notice was served in any court of competent jurisdiction to recover such costs. All such remedies shall be cumulative. Section 19-104 Definition of hazardous sidewalk, etc.. For the purpose of this article dangerous, hazardous, or unsafe sidewalk shall mean sidewalk in any of the following conditions: -18- RECORD OF PROCEEDINGS 100 Leaves (a) Vertical displacement of the adjoining sidewalk section is in excess of three-quarters (3/4) inch; or (b) Lateral displacement of adjoining sidewalk section is in excess of one (1) inch; or (c) The sidewalk has a transverse slope in excess of one (1) inch per foot or the combination of transverse or longitudinal grade is insufficient for adequate drainage of the sidewalk causing accumulation of water and ice. Section 19-105 through Section 19-120 Reserved. ARTICLE V TREES AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY Section 19-121 Approval required for landscaping in sidewalk area. All trees, shrubs, foliage and other landscaping planted in the sidewalk area or other public right-of-way shall be approved as to location and type by the city engineer and the director of parks and recreation in accordance with the provisions of this article and the following considerations: (a) Location, arrangement and species shall conform to the adopted street landscaping plan. (b) Special consideration shall be given to the problem of drainage and snow removal. (c) Location and arrangement shall provide for pedestrian access. (d) Location shall be such as not to obstruct corner sight distances at intersections. (e) Coordination of landscaping on public rights-of-way with required open or landscaped areas on private property so as to achieve the most effective use of the total area. -19- RECORD OF PROCEEDINGS 100 Leaves Section 19-122 Landscaping required for new construction. For all new construction landscaping shall be provided in the sidewalk area or public right-of-way adjoining the building site in accordance with the adopted street landscaping plan. Section 19-123 Specifications for landscaping in sidewalk area. Landscaping and planting areas shall meet the following specifications: (a) curb (b) Planting areas at sidewalk grade adjoining the shall be a minimum of four (4) feet in width. Planting areas provided in paved areas shall be a minimum of three (3) feet in diameter or eight (8) square feet in area. (c) Trees planted at sidewalk grade shall be provided with tree grates and trunk protectors at least four (4) feet in height. (d) Elevated planting areas are preferred in commercial districts, and where provided, shall be a minimum of twenty (20) inches above sidewalk grade. (e) Gravel, crushed stone, washed rock and similar materials shall not be allowed in the sidewalk area at grade. Such materials shall not be allowed in lieu of landscaping unless approved as part of an overall plan. (f) When any area is paved, a minimum of twelve (12) inches of unsurfaced area shall be left around the base of all existing trees. Section 19-124 Property owner responsibility for landscaping after construction. Whenever the landscaping in any portion of the sidewalk area or other public rights-of-way is disturbed by construction or -20- RECORD OF PROCEEDINGS 100 Le=ves excavation related to construction on private property, the owner of the property shall be responsible for landscaping the damaged right-of-way in accordance with the provisions of this article. Section 19-125 Property owner responsible for maintenance of landscaping in adjoining right-of-way. The property owner shall be responsible for maintaining the landscaping in that portion of the sidewalk area or other public right-of-way which adjoins his property; provided that the city shall be responsible for the pruning or removal of any trees which are not under any guarantee of the owner. Maintenance shall include mowing, trimming and planting of annual plants if such is required by the landscape plan. Section 19-126 Approval required for paving of planting areas. Planting areas provided in accordance with an approved landscape plan shall not be paved without the approval of the director of parks and recreation. Section 19-127 Requirements for removal of trees; Approval Required. It shall be unlawful for any person, whether a property owner or not, to cut or remove trees situated upon city property, streets, or other public rights-of-way without first obtaining written approval from the director of parks and recreation. Grant or denial of approval shall be based upon the adequacy of the replanting plan as relates to the number, size and species of new trees; guarantees for restoration of any other landscaping; indemnification of the city against any claims arising from damage to public or private property or injury to persons; and any other conditions the director of parks and recreation shall deem pertinent. Section 19-128 through 19-140 Reserved. -21- RECORD OF PROCEEDINGS 100 Leaves Section 2 That Section 19-150 of the Municipal Code of the City of Aspen be and hereby is repealed. Section 3 If any provision of this ordinance or the application thereof to any person 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 provisions or applic- ations, and to this end the provisions or applications of this ordinance are declared to be severable. Section 4 A public hearing on this ordinance shall be held on the /~ day of ~%~A- , 1975, at 5:00 P.M. 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, at its regular meeting held ~_~=~ ~f" , 1975. ATTEST: ~ ~~ Kathryn ~auter, City Clerk FINALLY ADOPTED AND ON,.~Q~_./-.~. . ATTEST: Stacy S andley I~II, Mayor Kathryn ~auter, City Clerk -22- STATE OF COLORADO ) ' ) SS COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, reading at a regular meeting of City of Aspen on ~f_ ~ ed in the read in full, and passed on ~ the City Council of the , 197~-- , and publish- Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its ~Ly / , 197 5-, and was finally adopted issue of and approved at a regular meeting of the City Council on- ~A~lO~ z~ , 1975~, and ordered published as Ordinance No. ~ , Series of 197~-~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado, day of ~L~L~ , 197~5~. set my hand and this City Cler~