HomeMy WebLinkAboutordinance.council.015-07
ORDINANCE NO. 15
(Series of 2007)
AN ORDINANCE AMENDING 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 in the
right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Chapter 21.04 of the City of Aspen Municipal Code be hereby amended to
read as follows:
Sections:
21.04.010
21.04.020
21.04.030
21.04.040
21.04.050
21.04.060
21.04.070
21.04.080
21.04.090
21.04.100
21.04.110
21.04.120
21.04.130
Chapter 21.04
GENERAL PROVISIONS
Definitions.
Certain ordinances relating to streets not affected by Code.
House numbering--Required.
Site--Map.
Occupancy of public right-of-way prohibited without
encroachment license; application fee; appeals.
Temporary construction within public right-of-way restricted.
Temporary storage of merchandise on public right-of-way
restricted.
Obstruction of ditches and gutters prohibited.
Dangerous openings in streets.
Obstructing excavations, construction or repairs prohibited.
Damage, removal, etc., of safety barricades or devices prohibited.
Draining water onto public right-of-way restricted.
Reserved.
21.04.010 Definitions.
For the purposes of this title certain words or phrases are defined as follows:
(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 ofthe sidewalk area which is improved, designed,
or ordinarily used for vehicular access to property abutting the street.
(d) Emergency. Any event which may threaten public health or safety, or that
results in an interruption in the provision of service, including, but not limited to,
damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or
storm drain conduit systems, damaged electrical and communications facilities, or as
otherwise recommended by the city engineer or designee and approved by the city
manager.
(e) Pavement and/or 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.
(f) Public right-of-way. Any public way or public thoroughfare dedicated or
devoted to public use including street, highway, road, alley, lane, court, boulevard,
sidewalk, public square, mall or like designation.
(g) Roadway. That portion of a street improved, designed, or ordinarily used
for vehicular traffic.
(h) Sidewalk. That portion of the sidewalk area which is paved with an all-
weather surfacing for use by pedestrians.
(i) 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, parkway, park strip, planting strip and like designations.
(j) 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.
(k) Street improvement. The term shall include roadway/alley paving,
sidewalks, driveways, curbs, gutters, street lights, street signs, traffic signs and signals,
storm sewers, culverts, bridges and drainage appurtenances and similar items.
21.04.020 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.
21.04.030 House numbering--Required.
All lots, buildings 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.
21.04.040 Site--Map.
The building inspector shall keep a map showing the proper street number of
every building site in the city which shall be open to inspection to any interested person.
21.04.050 Occupancy of public right-of-way prohibited without encroachment
license; application fee; appeals.
(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 section 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 shall be revocable by the
city with or without cause at any time.
(b) Any person aggrieved of a decision by the city engineer under this section
may seek an appeal of same to the board of adjustment. All appeals must be submitted in
writing to the city engineer within ten (10) days of the decision being appealed from. The
city engineer shall promptly forward all appeals to the board of adjustment that shall
schedule and conduct a hearing thereon within thirty (30) days. The board of adjustment
shall utilize the following standards in determining whether to affirm, reverse or modify
the decision of the city engineer:
(1) Whether the requested encroachment is the minimum
encroachment necessary to make possible the reasonable use ofthe parcel, building or
structure in question.
(2) Whether denial of the encroachment would cause the applicant
unnecessary hardship or practical difficulty.
(3) Whether there are special circumstances or conditions which are
unique to the parcel, building, or structure in question which are not applicable to other
parcels, buildings or structures.
All decisions of the board of adjustment under this section shall be reduced to
writing.
(c) Nothing contained in this section shall be construed to apply to
improvements or activities undertaken within a public right-of-way by the city, its
employees or agents, or the placement of temporary safety barricades or structures
around excavations or construction within a public right-of-way, or the placement of
other devices or structures that may be required to be placed in a public right-of-way by
reason of state or federal law or regulation of section 21.04.060 of the municipal code.
21.04.060 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 or designee.
21.04.070 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.
21.04.080 Obstruction of ditches and gutters prohibited.
No person shall obstruct or damage in any manner any ditch, gutter, drain, catch
basin, culvert or other drainage improvement within public rights-of-way or under control
of the city.
21.04.090 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.
21.04.100 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 improvements performed pursuant to the provisions of this title.
21.04.110 Damage, removal, etc., ofsafety barricades or devices prohibited.
It shall be unlawful to damage, displace, remove or interfere 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.
21.04.120 Draining 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 city
engineer and streets superintendent.
21.04.130
Reserved.
Section 2
That Chapter 21.12 of the City of Aspen Municipal Code be hereby amended to
read as follows:
Chapter 21.12
CONSTRUCTION AND EXCA VA TION WITHIN PUBLIC RIGHT-
OF-WAY
Sections:
21.12.010
21.12.020
21.12.030
21.12.040
21.12.050
21.12.060
21.12.070
21.12.080
21.12.090
21.12.1 00
21.12.11 0
21.12.120
21.12.130
21.12.140
21.12.150
21.12.160
21.12.170
21.12.180
21.12.190
21.12.200
21.12.210
21.12.220
21.12.230
21.12.240
21.12.250
21.12.260
21.12.270
21.12.280
21.12.290
Permit required.
Application.
Plans and specifications required for construction.
Fees.
Permittee may replace paved improvements.
Licensing and insurance required.
Conditions and special requirements for issuance.
Change in scope of work; duty to notify.
Issuance of permit in certain months restricted.
Permit to be kept and exhibited at site.
Record keeping required.
Street closures not permitted
Limitations on use of public streets, alleys and sidewalks for
construction materials.
Limitations to soil stabilization methods
Construction and excavation subject to inspection.
Time limitations for excavations.
Emergency access required.
Safety measures and barricades required.
Protection of street improvements, utilities and adjacent property.
Responsibility to protect street improvements, utilities, or property
and report their damage.
Removal of paved improvements.
Disposal and handling of excavation material.
Backfill.
Select backfill.
Clean up of work site.
Responsibility of permittee to provide temporary patch.
Maintenance of backfill and pavement.
Responsibility of city to replace paved improvements.
Compliance required.
21.12.300
21.12.310
21.12.320
21.12.330
21.12.340
21.12.350
21.12.360
21.12.370
21.12.380
21.12.390
Warranty period.
Termination ofproject if not expeditiously completed.
Repair to paved streets.
Placement of ribbon in utility trenches.
Asphalt repaving.
Restrictions to protect pedestrian and vehicular traffic.
As-built drawings required.
Excavation under existing curb, gutter and sidewalk.
Dust control.
Violation; penalty.
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 in the
city without first having obtained a permit for such work from the city engineer or
designee. A separate permit shall be required for each construction or excavation proj ect.
New structures should be able to accomplish their various needs within the confines of
their property boundaries and required setbacks. All right-of-way permit applications
shall comply to the most current edition of the engineering department's construction and
excavation standards for work in the public rights-of-way.
21.12.020 Application.
Application for a right of way 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
city engineer or designee 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.
21.12.030 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 city engineer or designee.
21.12.040 Fees and bonding.
No permit shall be issued unless the applicant has first signed the required
agreement, paid the required fees and filed the appropriate bond as follows:
(a) An indemnity and hold harmless agreement as approved by the city
attorney.
(b) A permit fee in an amount prescribed by section 2.12.050(e) of this code.
(c) A maintenance bond in an amount equal to the total cost of construction,
including labor and materials or two thousand five hundred dollars ($2,500.00) which
ever is greater. The maintenance bond shall guarantee that the material and equipment is
furnished and used, and the workmanship employed in the performance of the work
described in the right of way permit will be of such character and quality as to insure it to
be free from all defects and in continuous good order and in a condition satisfactory to
the City of Aspen engineering department for a period of two years from the date of
issuance of the final inspection log indicating 100% satisfactory completion of the work.
The maintenance bond shall be non-cancelable for two full years from the date of
issuance of satisfactory completion.
(d) The applicant may request to substitute a maintenance bond with a letter
of credit or cash in lieu payment contingent upon approval of the city engineer.
(e) If the city must replace the improvements within two years of acceptance
of the work, the city shall execute the maintenance bond or letter of credit. This will
encourage the contractor to take the initiative to replace the defective improvements. The
city will not replace improvements unless the contractor chooses not to replace them.
21.12.050 Permittee may replace paved improvements.
For construction and excavation in paved areas the permittee may elect, subject to
the approval ofthe city engineer or designee, to replace the defective paved
improvements in lieu of having the maintenance bond executed. 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 and final approval by the city engineer or
designee. (see excavation and construction standards)
21.12.060 Licensing and insurance required.
All permittees under this chapter must be licensed and insured pursuant to
Chapter 8.12.
21.12.070 Conditions and special requirements for issuance.
Permits under this chapter shall be issued subject to all the regulations and
specifications in sections 21.12.120 through 21.12.390 of this chapter, the city's
construction and excavation standards, and any special requirements that the city
engineer or designee deems necessary in order to maintain the health, welfare, safety and
convenience of the public.
21.12.080 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
right of way permit, the permittee shall immediately notify the city engineer or designee
before proceeding.
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 15 through March
31, except in case of an emergency. In addition, from June 15 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.
21.12.100 Permit to be kept and exhibited at site.
The permit required by this chapter 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,
designee, or any Police Officer.
21.12.110 Record keeping required.
The city engineer shall keep a record of all permits issued.
21.12.120 Street closures not permitted
Street closures are not permitted. The city engineer or designee may permit lane
closures. When lane closures are permitted, the applicant must:
1. Verify the closure specified on the permit with the engineering
Department, School District, and the Roaring Fork Transit Authority
(RFTA) at least one (1) week in advance.
2. Notify the Aspen Communication Center at (970) 920-5310 one (1) day
prior to closure and at the time of re-opening.
3. Set and maintain, at 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).
4. Complete the work between 7:00 a.m. and 7:00 p.m., Monday through
Saturday, unless approved otherwise by the environmental health
department for work activity outside the specified time frame.
21.12.130 Limitations on use of public streets, alleys and sidewalks for
construction materials.
(a) Purpose. It shall be the purpose ofthis 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 insure adequate snow removal in city
streets, alleys and sidewalks, allow for safe flow of pedestrian and vehicular traffic and
maintain the image of Aspen as a resort community, while also accommodating
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 city
engineer 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 I:
a. Storage of construction materials shall be prohibited in all
paved streets, alleys, and 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 city engineer or designee.
(2) The following limitations shall be enacted on the use ofthe public
right-of-way during the period of April 1 to June 1 & Labor Day to November 15:
a. Storage of construction materials shall be prohibited in all
paved streets, sidewalks, and in alleys in the City of Aspen.
b. Placement of pedestrian barricades shall be permitted in
paved streets, alleys, and sidewalks in the City of Aspen by obtaining a permit from the
city engineer or designee.
(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 in alleys in the City of Aspen.
b. Placement of pedestrian barricades shall be permitted in
paved streets, alleys, and sidewalks in the City of Aspen, except within the commercial
core and main street corridor, by obtaining a permit from the city engineer or designee.
(4) Exceptions.
a. The city engineer or designee 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. [Reserved.]
(d) Permits.
(1) The city engineer or designee shall have the sole responsibility for
issuance of permits pursuant to this section.
(2) In determining whether to issue a permit, the city engineer or
designee 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.
21.12.140 Limitations to soil stabilization methods.
Construction involving soil stabilization activity shall not penetrate the city right
of way. All excavation and stabilization work shall be contained within the confines of
the project property boundaries.
Variances from this requirement may be granted at the sole discretion of the city
engmeer.
21.12.150 Construction and excavation subject to inspection.
All work requiring a permit pursuant to the provisions of this chapter shall be
subject to inspection, in compliance with city codes, at all times by the city engineer or
designee. It shall be unlawful to obstruct or hinder any lawful inspection. It is the
responsibility of the applicant to contact the City of Aspen engineering Department 24
hours in advance ofthe construction schedule for required inspections. The applicant
must explain all existing conditions and proposed work on the permit application form.
All inspections must be scheduled during regular office hours at city hall which are from
the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding holidays.
Field tests of construction materials shall be required by the engineering department to
ascertain compliance with specifications. An independent testing firm must make tests,
and the applicant shall pay all testing and re-testing expenses. A written copy of all test
reports must be submitted to the engineering department within 24 hours following
completion of field and laboratory material tests. (see construction and excavation
standards)
21.12.160 Time limitations for excavations.
No excavation shall be left open over night. In the event of unforeseen
extenuating circumstances a permittee may apply for an extension to this limitation, and
after investigation the city engineer or designee may grant such an extension if the
reasons and circumstances justify an extension. (see construction and excavation
standards)
21.12.170 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.
21.12.180 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 chapter 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.
(c) Flagmen, signals, special traffic signing, walkways, ramps, canopies, or
other similar safety precautions shall be required when the city engineer or designee
deems necessary in order to maintain the health, welfare, safety and convenience of the
public and shall conform to current MUTCD guidlines.
(e) 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 chapter. (see construction and excavation
standards)
21.12.190 Protection of street improvements, utilities and adjacent property.
Any person performing any work requiring a permit pursuant to the provisions of
this chapter 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. (see construction and excavation
standards)
21.12.200 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 city engineer or designee and the affected utility.
21.12.210 Removal of paved improvements.
All cuts in asphalt shall be made in a neat manner by saw cutting, rotomilling, or
other approved method which assures cuts with square edges and straight lines to the
required depth of cut. Asphalt pavement cuts shall be such that no longitudinal joint lies
within the wheel track. All cuts in concrete shall be sawed; and sidewalk, curb and gutter
shall be removed to the nearest joint if in the opinion ofthe city engineer or designee the
portion otherwise remaining would be too small to function satisfactorily. Additional
mall brick pavement structure shall be removed to allow at least one 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 21.12.040. (see construction and excavation standards)
21.12.220 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.
21.12.230 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. For excavations less than one hundred (100) cubic yards, the permittee
may backfill with controlled low strength material or flowfill if approved by city engineer
or designee. All backfill material and compaction shall be subject to inspection by the
city engineer or designee and shall meet all City of Aspen standards. (see construction
and excavation standards)
21.12.240 Select backfill.
All excavations, cuts, openings or trenches shall be backfilled with imported
material unless native material is approved by the city engineer or designee.
(see construction and excavation standards)
All trenches shall have a granular sub base or flowable 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.
Sub base material shall be compacted and placed in lifts compliant to city standards. (see
construction and excavation standards)
21.12.250 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 within three (3)
working days. The work site shall be left in a neat and clean appearance. It is strongly
recommended that the permittee 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
maintenance 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.
21.12.260 Responsibility of permittee to provide patch.
Temporary or permanent asphalt patches shall be placed over all backfill for
excavations within paved roadways within twenty four (24) hours of trench backfilling.
Whenever permanent patches are not constructed within twenty four (24) hours following
trench backfilling operations, temporary pavement patches must be placed to provide the
required number of paved travel lanes. Temporary pavement patches may be left in place
for a maximum of five (5) working days following completion of back filling operations
unless otherwise approved by the city engineer or designee. In paved improvements
other than roadways, the temporary patch shall be provided only when required by the
city engineer or designee. (see construction and excavation standards)
21.12.270 Maintenance of backfill and pavement.
All backfill and any pavement or improvement shall be maintained in a
satisfactory condition, and all places showing signs of settlement shall be filled and
maintained for a period of twenty four (24) months following the date of satisfactory
acceptance. When the permittee is notified by the city engineer or designee that any
backfill, patch, or paved improvement is hazardous, he/she 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.
Backhoe equipment outriggers shall be fitted with rubber pads or other like
protective material whenever outriggers are placed on any paved surface. Tracked
vehicles that may damage pavement surfaces shall not be permitted on paved surfaces
unless specific precautions are taken to protect the surface. The permittee shall be
responsible for any damage caused to the pavement by the operation of such equipment.
Should the permittee fail to make such repairs, within three (3) days, to the satisfaction of
the city, the city may repair any damage and charge the permittee.
Any utilities or paved improvements damaged by settlement shall be repaired at
once by the permittee to the satisfaction of the city engineer or designee. 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.
21.12.280 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 21.12.050.
21.12.290 Compliance required.
Any work performed which is not in strict conformity with this chapter shall,
within ten (10) days after notice to the owner or person who performed the work, be
made to conform to this chapter 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. (see construction and excavation standards)
21.12.300 Warranty period.
Any repaving, restoration or improvement shall be warranted by the permittee
against all defects for a period of two (2) years from the completion of such work.
21.12.310 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 with a
maximum allowable time of thirty (30) days. In the event that weather, process oflaw, or
any other unexpected obstacles cause work to be stopped for so long that public travel is
unreasonably obstructed, the city engineer or designee may order the excavation refilled,
compacted and repaved as if the work contemplated in the permit were actually
completed.
21.12.320 Repair to paved streets.
All 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 city
engineer. (see construction and excavation standards)
21.12.330 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.
21.12.340 Repaving.
In the case of excavations requiring repaving, permitte shall follow all applicable
city standards. The city engineer or designee shall have sole discretion conceming the
quality and acceptance of a paved improvement. No certificate of occupancy shall be
issued for a proj ect that has unacceptable paved improvements or patches. (see
construction and excavation standards)
21.12.350 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 anyone 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 otherwise authorized by the
city engineer or designee. 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
21.12.360 As-built drawings required.
The Community Development Department will furnish the applicant with a map
of the area proposed for development. Upon completion of the project, the applicant shall
furnish a mark-up ofthe map showing all utilities encountered during the excavation,
their size, identification, and 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. This mark-up shall also identify any new improvements made to the area
including but not limited to utility connections, sidewalks, driveways, etc. These as-builts
may also be submitted in a digital format acceptable to the community development
department.
21.12.370 Excavation under existing curb and gutter and sidewalk.
If any excavation occurs under existing curb, gutter or sidewalk, that curb, gutter
and sidewalk shall be removed and replaced. The replacement shall be from the nearest
concrete joint. The curb, gutter, and sidewalk must be replaced within seven (7) working
days after the excavation is complete. The permittee may bore under curb, gutter, and
sidewalk and not have to replace it if approved by the city engineer or designee. (see
construction and excavation standards)
21.12.380 Dust control.
It shall be the permittee's responsibility to control dust at the excavation site. Dust
control measures shall occur as often as necessary as determined by the city engineer or
designee.
21.12.390 Violation; penalty.
Any violations of this title are punishable by a fine, imprisonment, or both a fine
and imprisonment, as set forth in section 1.04.080 of this Code, 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
That Chapter 21.16 of the City of Aspen Municipal Code be hereby amended to
read as follows:
Chapter 21.16
SIDEWALK, DRIVEWAY, CURB AND GUTTER
Sections:
21.16.010
21.16.020
21.16.030
21.16.040
21.16.050
21.16.060
21.16.070
21.16.080
21.16.090
Permit required.
Construction to comply with standard specifications.
Construction of sidewalk, curb and gutter required for all new
construction in certain districts.
Reservation of funds for construction of sidewalk, curb and gutter.
Procedures when not feasible to construct sidewalk, curb and
gutter.
Driveway and curb cut specifications.
Variations in driveways and curb cuts allowed for unusual
conditions.
Responsibility to repair hazardous sidewalk, driveways, and
gutters.
Definition of sidewalk in need of repair.
21.16.010 Permit required.
No sidewalk, driveway, curb, gutter or related street improvement required by this
chapter shall be constructed or repaired without complying with the requirements of
Chapter 21.12.
21.16.020 Construction to comply with standard specifications.
All sidewalk, driveway, curb and gutter construction shall be in accordance with
the city's construction and excavation standards for the same on file in the office of the
city engineer. Any sidewalk, driveway, curb and gutter construction that does not
comply with the standards set forth by the engineering department, at the sole
determination ofthe city engineer or designee, shall be replaced with compliant
construction.
21.16.030 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, Cl, NC, L-l, L-2 and CL zone 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.
21.16.040 Reservation offunds for construction ofsidewalk, curb and gutter.
If the weather prevents construction of the improvements required by section
21.16.030 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 ofthe 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.
21.16.050 Procedures when not feasible to construct sidewalk, curb and gutter.
If the city engineer deems that the construction of improvements required by
section 21.16.030 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 21.16.040.
This procedure shall be used only 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 subparagraph (b) of this section.
(b) If existing improvements or conditions make construction of sidewalk,
curb and gutter within three (3) years unfeasible, the owner shall have entered into an
agreement with the city whereby he/she 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.
21.16.060 Driveway and curb cut.
All driveway and curb cut plans shall conform to city standards. (see construction
and excavation standards)
In residential districts R-6, R-15, R-30, R-40 and RR and in Conserevation (C)
District there shall be allowed only a single point of vehicular access, which includes a
single curb-cut/driveway per lot.
In specially planned districts and districts other than: Neighborhood Commercial
(NC), Service/Commercial/Industrial (S/C/I), Commercial Lodge (CL), Lodge-One (L-
1), Lodge-Two (L-2), Office (0) and 0-2, Residential-Multiple Family (R-MF)
Residential Districts R-6, R-15, R-30, R-40 and RR and in Conservation (C) Districts, the
number and size of curb cuts shall be subject to review.
No driveway or curb cut shall be allowed on State Highway 82 or other designee
arterial where public alley access exists, anything to the contrary notwithstanding.
All newly constructed or rebuilt driveways shall conform to slope requirements specified
in the city's construction and excavation standards. (see construction and excavation
standards)
21.16.070 Variations in driveways and curb cuts allowed for unusual conditions.
Under unusual conditions of topography, drainage, existing 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 21.16.060 for driveways and curb cuts may be given by the city engineer upon
filing a written application and a plot plan showing the building site and special
conditions existing thereon. Any person aggrieved of a decision by the city engineer
under this section may seek a variance from the Board of Adjustment pursuant to the
procedures set out in Chapter 26.108 of the municipal code.
21.16.080 Responsibility to repair sidewalks, driveways, and gutters.
When notified that any sidewalk, driveway, curb, gutter, or any combination
thereof, in front of or abutting upon or servicing any premises shall be in need of repair,
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 a failure or refusal to comply
with such a 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.
21.16.090 Definition of sidewalk in need of repair.
For the purpose of this chapter, a "sidewalk in need ofrepair" shall mean a
sidewalk in any of the following conditions:
(a) Concrete that is spalling or crumbling.
(b) Vertical displacement of the adjoining sidewalk section is in excess of
three-quarters (3/4) inch, or
(c) Lateral displacement of adjoining sidewalk section is in excess of one (1)
inch, or
(d) 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 4
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 5:
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 6:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest: ) xi ~
~CityCI"k
FINALLY, adopted, passed and approved this 23rd day of April, 2007.
~
Approved as to form:
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