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HomeMy WebLinkAboutordinance.council.012-66RECORD OF PROCEEDINGS 100 Leaves ORDINAECENO.12 (Series of 19~-6) AN ORDINANCE AMENDING TITLE VIII, CHAPTER 2, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO EXCAVATIONS, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED by the City Council of the City of Aspen, Colorado: Section 1: Chapter 2, Title VIII of the Official Code of the City of Aspen, Colorado, is hereby re-enacted in its entirety to read as follows: "CHAPTER 2 EXCAVATIONS sECTION 8-2-1: 8-2-2: 8-2-3: 8-2-4: 8-2-5: 8-2-6: 8-2-7: 8-2-8: 8-2-9: 8-2-10: 8-2-11: 8-2-12: 8-2-13: SUBJECT Permit Required; Winter Cuts Exhibition of Permit Application Form Issuance of Permits Conditions of Permit; Fees; Exceptions Excavation Time Limit; Area Restriction Records of Permit Required Safety Appliances and Barricades Required Unlawful to Remove Safety Appliances or Barricades Gu%s; Backfills Paved Street smd Alley Excavations Hindering or Obstructing Work Prohibited Liability for Damages 8-2-1: PERMIT REQUIRED; WINTER CUTS: (A) It shall he unlawful for any person to dig up, open, excavate or to cause to he dug up, opened, or excavated any street, alley, sidewalk or other public place in the City without first havin9 secured a permit therefor from the City Administrator. (B) Except in the case of an emergency occasioned by a break in or stoppage of any water, sewer, gas or any other type of line buried in a public way, no permit authorized herein shall issue so as to allow a street cut between October 15 through April 1 annually. 8-2-2: EXIiIBITION OF PEI~MIT: Such permit shall be kept at the site of the excavation while the work is in progress and shall he exhibited upon request to shy police officer or other authorized representative of the City Administrator. -2- 8-2-3: APPLICATION FORM: Application for a permit to excavate shall b~ made upon a blank form provided by the City Administrator mhd shall recite specifically and illustrate by sketch or plan the exact location, depth, extent, nature and purpose of the excavation desired to be made, the purpose for which the privilege is requested and the duration of time re- qui~ed for the work. 8-2-4: ISSUANCE OF PERMITS: The City Administrator shall §rant permits to dig in, open, excavate or cause to he dug up, opened, or excavated any street, alley, side,talk, or other public place in the City to the following: (A) Any person possessing by ordinance, resolution, or cont,"act of the Council §eneral or special power to excavate in or perform other work as aforesaid in or upon the streets, alleys, side,talks or other public places. (B) Any person filing application ~s herein provided, which application shall pertain to excavation work which will comply with the requirements of this Chapter. 8-2-5: OONDITIONS OF PERMIT; FEES; EXCEPTIONS: All permits shall be issued accordin9 to the provisions of this Chapter and subject to such rules, directions and limitations regardin9 the time to he required for the work and the manner in which the work is to he per- formed as the City Administrator may prescribe. (B) Such permits shall he conditioned that all work per- formed thereunder shall he in accordance with the rules and reuulations of the City Administrator which shall provide for the proper care and the protection of the streets, alleys, sidewalks and other public places of the City and persons and property thereupon. (C) Such permits shall be conditioned that all work done thereunder shall he only such work as is allowed by the City add specified in the ordinance, resolution or contract of Council or the application submitted under this Chapter. (D) Fees: Applicants shall pay to the City a fee based on the following schedule hefore the issuance of such permit: Excavations less than 75 feet in len§th: Excavations more than 75 feet in length: Performance Bond Fee: (Cash or Bond) $1.00 per square foot $0.05 per square foot $0.50 per square foot -3- No permit issued under the provisions hereof shall be for more than one (1) excavation project for which a definite time limit shall be established by the City Administrator. 8-2-6: EXCAVATION TIME LIMIT; AREA RESTRICTION: It shall be unlawful to obstruct more than the space of one (1) block and one (1) intersection at the same time in any one (1) street or to keep the same blocked for more than two (2) days after the repaying is finished. 8-2-7: (A) 8-2-8: RF~RDS OF PERMIT REQUIRED: The City Administrator shall keep a record of all applications made for excavation permits sn~ of the permits so issued. It shall be the duty of every person to furnish on request to the Building Inspector information re- garding the location in any street, alley, sidewalk or other public place of the City of any pipe or other structure installed, maintained or utilized by such person. SAFETY AP~LIANCES AND BARRICADES REQUIRED: (A) It shall be unlawful for any person to dig up or cause to he dug any hole, d~ain, ditch or any other excavation in any street, alley, sidewalk or other public place within the City without providing during the night-time sufficient red lights, to be placed with a suitable barricade or temporary fence around such hole, drain, ditch or other excavation in order to prevent persons, animals and vehicles from sustainin§ injury. (c) During the daytime, the barricade shall be maintained but red warning lights are not required. Every excavation shall be protected at all times by traffic safety appliances as prescribed by the City Administrator in order to minimize the disruption of the flow of traffic in the vicinity of the excavation. 8-2-9: UNLAWFUL TO REMOVE SAFETY APPEIANCES OR BARRICADES: It shall he unlawful to damage, displace, remove or interfere with any barricade, warning light or any other safety appliance which is lawfully placed around or about any street, alley, sidewalk or other excavations or con- struction work in the City. 8-2-10: CUTS; MACKFILL: Any cut in any pavement or surfacing shall be made in a neat manner with square edges and corners. Such cut shall be made with a pavement breaker or saw. All material taken from the cut and the excavation, except for material to he used for backfill pursuant to the provisions of this chapter, shall he trucked away and disposed of hy the holder of the permit at the time the cut and excavation is made. -4- (c) (D) Backfill of any excavation made in any' City of Aspen street or alley riGht-of-way shall conform to the fol lowin§ conditions: (1) Compaction: Backfill material shall be placed in lifts not to exceed 8 inches in depth hy loose measurement, moistened as required, and mechanically compacted. Material: (a) For excavations less than 75 feet in length, all excavated material shall be removed and backfill shall be of select material not in excess of l½ inches in diameter. (b) For excavations in excess of 75 feet in length, excavated material of 2 inches or less in diameter may be used for backfill, or material meeting the followin9 specifications may be used: Minimum Gradation 2 inches to 8 inches 4 inches or less Percenta§e 10% Maximum 35% Minimum (c) In all cases, the top 12 inches of the backfill shall be made with crushed 9ravel 1½ inches or less in diameter. (d) The excavation shall be b ackfilled accordin9 to the requirements of this Chapter to within 6 inches of the sur- roundinG surface in the case of pavement or surfacinG, and the repair shall be completed with concrete to conform to the surface of the surrounding area. Where the cut and excavation is in an unsurfaced area, the compacted fill shall conform to the level of the surrounding (e) In any event, restoration of the public way shall be completed within one week of the cut being made. These plans and specifications may be modified by the City Administrator so that they may be specifically adapted to the particular conditions of travel, load requirements, terrain, subsoil and moisture where the backfill is to be effected. In the event of settlement or subsidence of a part- icular excavation or part thereof, the permittee who had performed the excavation work shall be responsible for all repavin§ and repair costs occasioned thereby. -5- 8-2-11: PAVED STREET AND A4LEY EXCAVATIONS: (A) No permit to excavate in any street or alley shall be issued unless the applicant therefor shall have first deposited with the City Clerk a Performance Bond or Cash Bond in an amount sufficient to cover the entire expense of replacin§ the paving or surfacing material, as required by this Ordinance. (B) Pavement and surfacin§ shall be replaced by a licensed paving contractor. (C) Excavators in paved or hard topped streets shall take care to separate surfacing material from the soil re- moved from such excavation. (D) Upon completion of the work, each excavator shall back- fill excavations as required by this Chapter. 8-2-12: HINDERING OR OBSTRUCTING WORK P~OHIBITED: It shall he unlawful to hinder or obstruct shy paving operations or excavations conducted in con- formsnce with the provisions of this Chapter. 8-2-13: (A) LIABILITY FOR DAMAGE: Any person who shall undertake work pursuant to a permit issued under the provisions of this Chapter, or to perform work under contracts with the City or by virtue of per- mission obtained from the Council in accordance with the provisions adopted by the said Council, shall be answerable for any damage occasioned to persons, animals or property by reason of carelessness and negligence connected with such work. (B) All permittees must be licensed pursuant to Section 5-3-12 of the Ordinances of the City of Aspen, and ~ust provide the insurance required by Section 5-3-16 of the Ordinances of the City of Aspen." Section 2: Because of the matters and things hereinabove set forth, the City Council of the City of Aspen, Colorado, hereby finds, determines and declares that an emergency exists, and that this ordnance is necessary for the immediate preservation of public peace, health and s~fety. INTRODUCED, READ, AND ORDERED PUBLISHED THIS Cit~ Clerk FINALLY ADOPTED AND APPROVED THISc ; ~ -. City Clerk , 1966. STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on First reading at a regular meeting of the City Council of the City of Aspen on June 6 ,196__6, and publish- ed in the ~spen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of June 9 .,196 6 , and was finally adopted and approved at a regular meeting of the City Council on June 20 Ordinance No. 12 provided by law. IN WITNESS WHEREOF, ,196 6 , and ordered published as , Series 1966 , of said City, as I have hereunto set my hand and the seal of said City of Aspen, Colorado, this ..a~y ~ June , 1966 20th ~-~l~ne Graves, City Clerk