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HomeMy WebLinkAboutordinance.council.011-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. // (Series of 1977) AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 19 OF THE MUNICIPAL CODE AND REENACTING IT WITH AMENDMENTS TO REQUIREMENTS AND PROCEDURES FOR EXCAVATIONS WITHIN RIGHTS-OF-WAY WHEREAS,the City Council has been presented with various recommendations for the amendment of Article III 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OF ASPEN, COLORADO: Section 1 That Article III of Chapter 19 of the Municipal Code of the City of Aspen, Colorado, be repealed and reenacted to read as follows: Article III. Construction and Excavation within Public Rights-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 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. RECORD OF PROCEEDINGS 100 Leaves Section 19-47 Application Application for a construction or excavation permit shall be made no later than noon of the working day prior to planned commencement of work. Section 19-48 Plans and specifications required for construction ~o 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/lineal foot Pedestrian mall brick structure $ 8.00/square foot Replacement bricks $ 5.00 each 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), with the exception of pedestrian mall brick pavement structure, which shall be reconstructed by the city on a base provided by the permittee as described in Section 19-77(e). 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 -2- RECORD OF PROCEEDINGS 100 Leaves care and stockpiled for reuse if at all possible. The replace- ment of the paved improvements shall be in accordance with all city specifications and subject to inspection by the city engineer. Section 19-51 Licensin~ and insurance - Required All permittees under this division must be licensed and insured pursuant to Chapter 7, Article III, Division 2. Section 19-32 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 improve- ments, 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 If 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 19-34 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. -3- RECORD OF PROCEEDINGS 100 Leaves Section 19-57 through Section 19-68 Reserved 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 grant such an extension if an extension. investigation the city engineer may the reasons and circumstances justify Section 19-71 Emergency access - Required Ho 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. (b) From sunrise to sunset safety barricades or fencing shall be maintained but warning lights are not required. --4-- RECORD OF PROCEEDINGS 100 Leaves (c) Flagmen, signals, special traffic signing, walk- ways, 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 improve- ments, utilities or property It shall the responsibility of every permittee under this article to immediately notify the city engineer, and any concerned utility, about damage or disturbance to any stree% improve- ment, utility, or property not previously authorized in the con- struction or excavation permit. Section 19-75 Removal of paved improvements All cuts in asphalt, concrete, brick, 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 side- walk, curb and gutter shall be removed to the nearest joint if in the opinion of the city engineer the portion otherwise remaining RECORD OF PROCEEDINGS 100 Leaves would be too small to function satisfactorily. Additional mall brick pavement structure shall be removed to allow at least one (1) foot of exposed subgrade on all sides of the excavation to insure proper restoration of the surface. Mall bricks shall not be cut, but shall be removed from the brick pattern intact and stockpiled for reuse. Damaged bricks shall not be reinstalled, but must be replaced in accordance with the fee schedule in Section 19-49. 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 complete 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 (18) inches in depth. Compaction shall be ninety-five (95%) percent of the A.S.T.M. Designation D 698-64T. (b) Excavations in graveled and improved, but unpaved, areas: -6- RECORD OF PROCEEDINGS 100 Leaves 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.~I. 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.~{. Designation D 698-64T. (d) Excavation around utilities: When buried utilities are exposed they shall be back- filled with a minimum of twelve (12) inches of compacted select material. Select material shall mean sand in the case of telephone, gas, electric lines and 3/4" roadbase material Other materials may be suitable if by the city engineer. and cable television for all other utilities. specifically approved (e) Excavation in pedestrian malls: Backfill shall be entirely select material and shall be placed in layers not to exceed eight (8) inches in depth. Compaction shall be ninety-five (95%) percent of the A.S.T.M. Designation D 698-64T. The final surface, when tested with a ten (10) foot straight edge or other approved device, shall not show a variation of more than 1/4 inch above or below the testing edge between any two contacts with the surface. All areas RECORD OF PROCEEDINGS 100 Leaves not conforming with these tolerances shall be reworked to obtain conformity. Section 19-78 Select backfill material Select backfill material shall be sand, three quarter (3/4) inch crushed road base, or other materials as approved by the city engineer. Three-quarter (3/4) inch crushed road based shall meet the following specifications: Sieve Size Percentage Passing by Weight 3/4" 100 No. 4 30-60 No. 8 25-50 No. 200 5-12 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 backfill 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 -8- RECORD OF PROCEEDINGS 100 Leaves 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 be 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 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 19-33 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 2 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 pro- visions or applications, and to this end the provisions or --9-- RECORD OF PROCEEDINGS 100 Leaves applications of this ordinance are declared to be severable. Section 3 A public hearing on this ordinance shall be held on the // day of ~ , 1977, 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, meeting held ATTEST: at its regular t~acy~St andley I~I / 7 / Kathryn S~ iIauter City Clerk FINALLY adopted, ATTEST: passed and approved on , 1977. City Clerk -10- RECORD OF PROCEEDINGS 100 Legves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Haute?, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the C~ty of Aspen on ~ ~, 197 7 , and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ ~=~/ , 1977 , and was finally adopted and approved Ordinance No. at a regular meeting of the City Council on /! , 1977, and ordered published as /! , Series of 197 7 , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this /~%/~ day of ~ , 197 -f . Kathryn ~ Hauter, City Clerk