TC Ord. No. 1979-10ORDINANCE No. 79'=30
SERIES 1979
AN -ORDINANCE REGULATING WORK WITHIN THE PUBLIC [BAYS OF THE
TOWN OF AVON, COLORADO, ESTABLISHING PERMIT REQUIREMENTS AND FEES;
PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; AND SETTING FORTH
VARIOUS OTHER PROVISIONS RELATED THERETO, A20 AUTHORIZING-CHANGE
AND AMENDMENTS THERETO;
WHEREAS, it is necessary and desirable that construction
work within the public ways of the Town be performed in accordance
with uniform acceptable engineering standards and precedures; and
WHEREAS, failure of such construction to conform-to
acceptable and uniform engineering Standards and procedures is
or may be detrimental.to and may endanger the public health,
safety,and welfare; and
WHEREAS, adherence to such standards and procedures is
essential to the protection of the public investment in the
public ways; and
WHEREAS, Engineering Regulations, Construction
Specifications and Design Standards have been prepared and the
Town Council desires to adopt the same and to authorize the
making of changes or amendments therein.
NOW THEREFORE, BE IT ORDAINED by the Town Council
of the Town of Avon, Colorado, that:
Section 1. Findings. The Town Council finds
as follows:
A. :That the-public investment in the public
ways'of the'Town of-Avon is a substantial and
valuable investment which must be protected for
the'benefit of the people of,the town of Avon
and-of all persons who-use or rely upon the public
ways of the Town for transportation, communication.
telephone service, water, utility and other
services, and drainage.
B. That work within
regulated in_the interest
welfare and safety for the
pe61ple'of the Town of Avon
or relying upon the public
Section 2. Definitions.
the public ways must be
of the public health,
protection of the
and of all persons using
ways of the Town.:,
A. Applicant., shall mean any person who makes
application for a permit.
B. Town.-shall mean the Town of Avon,.a
municipal corporation'of the State of Colorado.
C. Building Administrator. shall mean the
Building Administrator of the-Town of*Avon, or
his authorized representative.
D. Emergency. shall mean any unforeseen
circumstance or occurence, the existence of which
constitutes a'clear and immediate danger to persons
or property.
E. Engineering Regulations, Construction
Specifications, and Design Standards.
shall mean the Enqineering Regulations, Construction
Specifications and Design Standards of the Town
of Avon for work within the public ways of the
Town of Avon as delineated in Section 30 of this
Ordinance.
F. Permittee. shall mean any person who has
been issued a permit and has agreed to fulfill all
the terms of this Ordinance.
G. Person. shall mean and include any natural
person, partnership, firm association, public utility
company, corporation, company, special district or
organization of any kind.
H. Public Utility Company. shall mean any
company subject to the jurisdiction of the State
Public Utilities Commission, or any mutual non-profit
corporation providing gas, electricity, water,
telephone, or lather utility product or services for
use by the general public, but shall not include
"special districts."
I. Special District.shall mean any Local
Improvement and Service istrict organized under the
provisions of the Colorado Revised Statutes, 1973,
Title 32.
J. Public way. shall mean and include all
public rights-of-way and easements, public footpaths,
walkways and sidewalks, public streets, public
roads, public highways, public alleys, and public
drainage ways and utility easements. It shall not,
however, include utility easements on private property
not within other public ways of the Town as other-
wise defined herein.
K. Work Site Restoration. shall mean and include
the restoring of the original ground or paved
surface to the same (or better) condition than the
condition which existed before construction commenced,
and shall include but not be limited to repair,
clean-up, backfilling, paving and other work
necessary to place the site in acceptable condition
following the conclusion of the work
Section 3. Construction of Ordinance.
A. As used herein, the singular shall include
the plural and the masculine shall include the
feminine and neuter.
B. This Ordinance shall be liberally construed,
so as to effect the intention hereof to protect and
preserve the public ways of the Town for the uses
thereof, and for the protection of the people of
the Town of Avon and of all persons using or relying
upon the public ways of the Town.
Section 4.Unlawful to Work in Public Way Without
Permi and d Compliance. It shall be
unlawful for any person to make, construct,
reconstruct, or alter any opening excavation, tunnel,
sidewalk, curb, gutter, driveway, street, or to
perform any other work of any kind within the public
way which will result in physical alteration thereof,
unless such person shall first have obtained a permit
for the performance of such work, and unless such
work shall be Performed in conformity with the
terms and provisions of this Ordinance and of the
permit or permits issued hereunder except as here-
inafter specifically provided.
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Section 5. Applications For Permits. Each and
every person desiring to perform any work of
any kind described in Section 4 above made
subject to regulation by this ordinance, in a
public way within this Town shall make
application for a permit. Such application
shall be filed with the Building Administrator
on a form or forms to be furnished by the
Building Administrator. Such application shall
be made during the normal office hours of the
Town.
Such application shall state this exact
nature and location of the proposed work and
the time required for its completion. When
necessary, in the judgment of the Building
Administrator, to fully determine the relation-
ship of work proposed, to existing or proposed
facilities within the public ways, or to determine
whether the work proposed complies with the
Engineering Regulations, Construction
Specifications, and Design Standards, the
Building Administrator may require the filing
of engineering plans, specifications and
sketches showing the proposed work in sufficient
detail to permit determination of such relation-
ship or compliance or both; and the application
shall be deemed suspended until such plans
and sketches are filed. The applicant, may be
required, in addition, to present information
that all materials, labor and equipment which
may be required to complete the proposed work
are available.
Section 6. Commencement of Work--Approval
or Disapproval of ApplicaTdo
A. No work shall be commenced until the
Building Administrator has approved the'
application and until a permit has been issued
for such work, except as specifically provided
to the contrary in this Ordinance.
B. Within three working days of the filing
of any application, the Building Administrator
shall approve or disapprove the same, stating
in writing the reasons for his disapproval, if
the application is disapproved; provided, however,
that the time for approval or disapproval may
be extended by the Building Administrator if
necessary in his judgment to allow the checking
of plans, sketches and specifications submitted,
but no such extension of time for approval or
disapproval shall exceed thirty days from the
date of filing of required plans, sketches and
specifications. The time during which an
application is suspended awaiting the filing of
plans, sketches or specifications, shall not
be included in the computation of time hereunder.
C. A permit shall issue on approval of
an application by the Building Administrator.
1. Each permittee shall notify all
utilites operating in the Town, the Police
Department and the Fire Department of the
nature and location of the work authorized
by the permit and the time the work shall
begin, at least twenty-four hours before
the work authorized by the permit is to
begin. Such notice shall be made during the
normal office hours of the utilities and
police and fire department.
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D. The disapproval of an application by
the Building Administrator may be appealed
by the applicant to the Town Council by the
filing of a written Notice of Appeal within
ten days of the action of the Building
Administrator. The Town Council shall hear
such Appeal, if written request therefor be
timely filed, at the next regularly scheduled
Town Council meeting and render its decision
within a reasonable time.
E. In approving or disapproving work
within the public way; or permits therefore;
in the inspection of such work; in reviewing
plans, sketches or specifications, and
generally in the exercise of the authority
conferred upon him by this Ordinance,the
Building Aministrator shall act in such
manner as to preserve and protect the public
way and the use thereof, but shall have no
authority to govern the actions or inaction
of permittees or applicants or other persons
which have no relationship to the use,
preservation or protection of the public way
or the use thereof.
Section 7. Connections with Special Districts;
and Notices to Owners Abutting and Adjoining.
A. Applications for work connecting to
a special district property must be approved
by the special district involved, as well as
by the Building Administrator.
B. If the work to be undertaken by the
permittee is such that it will affect the use
of properties abutting or adjoining the project,
the permittee shall notify the affected
property owners and tenants of the proposed
work to be done.
C. If the work to be undertaken by a
permittee will affect other sub-surface
installations in the vicinity of the Proposed
opening, the permittee shall notify the owners
of such facilities of the proposed work.
Section 8. Eligibility. No persons shall be
eligible to apply for or receive permits to
do work within the public way of the Town of
Avon, save and except contractors licensed by
the Town as a Municipal Contractor, Class A,
Class B, or Class C Contractor, or public
utility companies and special districts.
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Section 9. Permit Fees. A fee of Ten ($10.00)
Dollars shall be required for each permit
issued, except that annual permits may be
obtained for a fee of one Hundred ($100.00)
Dollars.-More than one item may be included
on a permit provided all items are within the
immediate vicinity.
Section.10. Review and Inspection-Fees, -Fees
for the review of the application, including
plans. specifications and sketches and for
inspection as the work progresses shall be
assessed by the following schedule:
Service Cut(s): First cut $25.00
Additional cuts $10.00 each
Longitudinal Cut(s): $25.00 plus $0.10
per lineal foot.
Driveways (including culverts): $25.00
plus $0.10 per lineal foot.
Street Surfacing & Repairing (Asphalt):
$25.00 plus $0.10 per square
foot.
Permittees shall, at the time of
application for permit, and before issuance
thereof, or in the case of the holder of an
annual permit, at the time of giving notice of
work to be performed, pay an estimated amount to
cover expected costs of engineering review and
inspection, which charges shall be computed
in accordance with the above schedule of Review
and Inspection Fees.
No permit shall be issued (other than
annual permits) and no work shall be performed
under any permit for which such charges have not
been paid by the permittee.
In the event that the actual work performed
by the permittee shall exceed the work as stated
in the application upon which the charges
were based and upon which additional charges
should be assessed, the permittee shall be
liable for the difference between such actual
review and inspection fees and the amount
paid by him, if said difference exceeds Twenty-
Five ($25.00) Dollars, which shall be billed
by the Town at the conclusion of the work, or
from time to time as the work preceeds; and
in the event of non-payment of all or part
thereof, the balance due may be collected by
the Town Attorney by legal action, or may be
referred by the Town Attorney for collection,
as may be deemed appropriate by the Town
Attorney. In the event of non-payment, the
permittee shall not be entitled to receive
further permits from the Town, or to perform
further work within the Town's public ways.
In the event that the amount of such
engineering review and inspection charges paid
by the permittee on an estimated basis as
aforesaid, shall exceed the actual charges of
such work by more than Twenty-five ($25.00)
Dollars, the difference between the amount paid
and the actual cost shall be repaid to the
permittee by the Town at the conclusion of the
work.
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Section 11. Payments to the Town of Avon. All
amounts to be paid by the permittee shall be
paid to the Town of Avon and receipted by the
Town Clerk.
Section 12. Work Under Annual Permits.
A. It shall be unlawful for the holder of
any annual permit to commence or undertake
any work in the public way on any job or
separate undertaking not previously approved by
the Engineer.
B. The holder of an annual permit shall
in advance give written notice to the Building
Administrator of each job or separate under-
taking which the permittee desires to under-
take in the public way within the Town of
Avon, and shall furnish to the Building
Administrator such plans, sketches or specifica-
tions, or all of them, as the Building
Administrator may find necessary to fully
determine the relationship of the work pro-
posed to be performed to existing or proposed
facilities within the public ways, or to
determine whether the work proposed complies
with the Engineering Regulations, Construction
Specifications and Design Standards of the
Town.
C. Each such notice shall advise the
Building Administrator of the nature of the
work to be performed, the time within which
the work is to be performed, and the place of
work.
D. Within three working days of the
giving of such notice, the Building Administrator
shall approve or disapprove the doing of such
work under such permit, and shall state the
time within which the work shall be performed,
if approval is granted. Notification shall
be given by the permittee to all utilities and
the police and fire departments as required
under Section 6.C.1.
E. Such work, if approved, shall be
performed at the place and during the time
approved by the Building Administrator and
the time may be extended by the Building
Administrator for good cause shown, or
extension of time may be refused by the
Building ?administrator if the work has not
been satisfactorily performed.
Section 13. Permit Duration and Limits. Each
permit application shall state the starting
date and estimated completion date. The
permit shall be valid for the time period
specified. If the work is not completed during
such period, the permittee may apply to the
Building Administrator for an additional permit
or an extension, which may be granted by the
Building Administrator if the requirements of
this ordinance are satisfied. An additional
permit or extension may be refused by the
Building Administrator if he finds that work
under the original permit, or as extended, has
not been satisfactorily performed.
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Section 14. Assignment of Permits. Permits
shall not be transferable or assig ble, and
work shall not be performed under a permit, other
than an annual permit, in any place other than
specified in the permit. Nothing herein contained
shall prevent a permittee from subcontracting
the work to be performed under a permit; provided,
however, that the holder of the permit shall
be and remain responsible for the performance of
the work under the permit, and for all bonding,
insurance and other requirements of this Ordinance
and under said permit.
Section 15. Permit or Permit Number on Job Site.
Either a copy of the perm ti or the permit number,
or both, shall be kept on the job site at all
times as work is in progress.
Section 16. Emergency Work. Any person maintain-
ing pipes, lines or facilities in the public
way may proceed with work upon existing facilities
without a permit when emergency conditions
demand the work to be done immediately; provided
a permit could not reasonably and practicably
have been obtained beforehand.
Any person commencing emergency work in the
public way without a Permit shall immediately
thereafter apply for a permit or give notice
on the first regular business day on which Town
offices are open for business after such work is
commenced, and a permit may be issued which shall
be retroactive to the date when the work has
begun, in the discretion of the Building
Administrator.
In the event that emergency work is commenced on/or
within any public way of the Town, Ehe Police
Department shall be notified within one-half hour
from the time work is commenced. The person
commencing and conducting such work shall take all
necessary safety precautions for the protection
of the public and the direction and control of
traffic.
Section 17. Suspension or Revocation of Permits,
and Stop Orders. Any permit may be revoked or
suspended by the Building Administrator, after
notice to the permittee for:
A. Violation of any condition of the
permit or of any provision of this Ordinance.
B. Violation of any provision of any other
Ordinance of the Town or law relating to the
work.
C. Existence of any condition or the doing of
any act which does constitute or may constitute
or cause a condition endangering life or
property.
A suspension or revocation by the Engineer, and a
stop order, shall take effect immediately upon
entry thereof by the Building Administrator and
notice to the person performing the work in the
public way.
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A stop order may be issued by the Building
Administrator directed to any person or persons
doing or causing any work to be done in the public
way without a permit, or in violation of any
provision or provisions of this Ordinance, or
whenever the Building Administrator shall suspend
or revoke a permit.
Any suspension or revocation or stop order by the
Building Administrator may be appealed by the
Permittee to the Town Council, by filing a written
notice of appeal within ten days of the action of
the Building Administrator, The Town Council shall
hear such appeal, if written request therefor be
timely filed, as soon as practicable, and render
its decision within a reasonable time following
filing of notice of appeal.
Section 18. State Highway Permits. Holders of
permits for work in the public way within the
Town limits, issued by the State Highway Department
of the State of Colorado, shall not be required
to obtain permits from the Town under the
provisions of this Ordinance; nor shall any Town
permit be construed to permit or allow work in a
State Highway within the Town without a State
permit.
The Building Administrator shall have the right
and authority to regulate work under such permits
with respect to hours and days of work, and
measures required to be taken by the permittee
for the protection of traffic and safety of
persons and property.
Section 19. Bond. Each applicant, before being
issued a permit, shall provide the Town with an
acceptable corporate surety bond of not less than
two thousand (2,000) Dollars, or a deposit of not
less than Two Thousand ($2,000) Dollars in cash
to guarantee faithful performance of the work
authorized by a permit granted pursuant to this
Ordinance.- The amount of the bond or cash deposit
required may be increased in the discretion of the
Building Administrator whenever it shall appear
that the amount and cost of the work to be
performed may exceed the amount of bond or cash
deposit, otherwise required hereunder. The term
of the bond shall run co-incedent with the term
of the applicant's annual permit, or if the
application shall be for a permit other than an
annual permit, the term of the bond shall run
coincident with the term of the applicants
license issued under the Building Code of the
Town of Avon, and the same may continue from
year to year by delivery of a continuation
certificate signed by Attorney in fact under the
seal of the surety. Public utilities may submit
a corporate bond, without sureties.
Section 20. Default in Performance. Whenever the
Building Administrator shall find that a default
has occurred in the performance of any term or
condition of the permit, written notice thereof
shall be given to the principal and to the surety
on the bond if there is a surety bond. Such
notice shall state the work to be done., the
estimated cost thereof, and the period of time
deemed by the Building Administrator to be
reasonably necessary for the completion of the
work.
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Section 21. Completion of Work. In the event that
the surety (or principal), within a reasonable
time following the giving of such notice (taking
into consideration the exigencies of the situation,
the nature of the work, and the requirements of
public safety and for the protection of persons and
property), shall fail either to commence and
cause the required work to be performed with due
diligence, or to indemnify the Town for the cost
of doing the work, as set forth in the notice, the
Town may perform the work, at the discretion of
the Building Administrator, with contract forces,
and suit may be commenced by the Town Attorney
against the contractor and bonding company and
such other persons as may be liable, to recover
the entire amount due to the Town on account
thereof. In the event that cash has been deposited,
the costs of performing the work may be charged
against the amount deposited and suit brought for
the balance due, if any.
Section 22. Insurance. Before being issued the
permit, each applicant shall provide the Town
with a certificate of insurance in form
acceptable to the Building Administrator indicating
that the applicant is insured against claims for
damages for personal injury and for property
damage which may arise from or out of the per-
formance of the work, whether such performance be
by himsilf, his subcontractor, or anyone directly or
indirectly employed by him; Workmen's Compensation
Insurance, and motor vehicle liability insurance.
The insurance required shall cover (but such
coverage shall not be limited to) collapse,
explosive hazards and underground work, and shall
include protection against liability arising from
completed operations.
Exclusions of explosive hazards, collapse or
liability from underground operations may be
approved by the Building Administrator, in his
discretion, but such exclusions must be clearly
specified on the certificate or certificates of
insurance furnished to the Town.
The Building Administrator shall prescribe the
amounts of insurance required; provided, however,
that such insurance shall not be less than that
required for the performance of such work by
licensed contractors under the Building Code of
the Town of Avon.
A public utility company may be relieved of the
obligation of submitting certificates of insurance
if it shall submit satisfactory evidence in
advance that it is insured, or has adequate assets
and provisions for self-insurance. Public utilities
may submit annually evidence of insurance coverage
in lieu of individual submissions for each permit.
Section 23. Notice of Improvements. When the
Town schedules a major improvement in any public
way, the Building Administrator shall notify all
affected Special Districts and public utilities
of the nature, scope and timing of said improvements.
When final plans are approved, the Town Clerk
shall give notice to all persons owning property
abutting the public way about to be improved, and
to all Special Districts, and public utilities
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owning or operating substructures in said way, and
all such persons, public utilities, and Special
Districts shall within sixty (60) days from the
giving of such notice make all connections as
well as any repairs thereto which would necessitate
excavation of the public ways.
The time may be extended if permission is requested
in writing and approved by the Building
Administrator.
Section 24. Restrictions upon Opening New Streets.
No permit shall be issued by the Building
Administrator which would allow an excavation or
opening in a newly paved, or rebuilt street surface
less than one (1) year old unless the applicant
can clearly demonstrate that public health, safety,
or interest require that the proposed work be
permitted or unless an emergency condition exists.
Section 25. Opening New Streets. If by approval of
the Building Administrator, a permit is issued
to open any newly paved or rebuilt street surface
less than one (1) year old, excpet under emergency
circumstances, restoration work may be required
to be performed to higher engineering standards
than those ordinarily required, so that the
quality of restoration shall be and remain in
conformity with the quality of the surface
generally; and all charges to be paid by the
permittee in connection with engineering, inspection
and restoration of the surface shall be charged
accordingly to the permmittee, even though higher
than the rates normally set forth in the schedule
of charges maintained by the Building Administrator.
Section 26. Testing of Facilities in Public Ways.
A. Every person owning, using, controlling
or having an interest in pipes, conduits,
ducts, or other facilities within any public
way, shall, file with the Building Administrator
within 120 days after passage of this
Ordinance, a large map or a written statement
identifying the public ways wherein the
aforementioned facilities owned by such person
are located, together with their location
therein.
B. Within ninety (90) days after the first
day of January of each and every year following
the passage of this Ordinance, such person,
without further request, shall notify the
Building Administrator in writing of any
changes necessary to maintain the listing
required in Subsection A of this Section 26.
Section 27. Abandoned Facilities.
A. Whenever any pipe, conduit, duct, tunnel,
or other structure or portion thereof located
within any public way, or the use thereof, is
abandoned, the person owning, using, controlling
or having an interest therein shall, within
thirty (30) days after such abandonment, file
with the Building Administrator, a statement
in writing giving in detail the location of
the structure so abandoned.
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B. The owner of any abandoned facility
within a Public way may be required to remove
or make alterations in the same by the Building
Administrator, if such removal or alterations
become necessary in the judgment of the
Building Administrator to permit work or
improvements within the public way, or if the
abandoned facilities or any part thereof shall
constitute a nuisance or hazard to the public
health, safety, and welfare. The Building
Administrator shall notify the owner of the
requirements for alteration or removal, and
shall set a reasonable time for such alteration
or removal, taking into consideration the
nature of the nuisance or hazard, if any, the
requirements of the public health, safety and
welfare, and the time required to accomplish
such atleration or removal. If the owner
shall fail or refuse to remove or alter such
facilities according to the terms of the
notice, or to commence such alteration or
removal within a reasonable time following the
giving of such notice, then the Town may
remove or alter the abandoned facilities or
cause the same to be removed or altered, and
the owner shall reimburse the Town for the
cost of such removal or alteration.
C. If the owner shall fail to reimburse the
Town for the costs of such removal or alteration,
the owner shall not be eligible to receive
any further permits or approval to work in the
public way under any permit from the Town, or to
conduct any work within the public way within
the Town; and the Town Attorney may commence
action against the owner for the cost of
removal or alteration of the abandoned
facilities, or refer the same for collection, in
the discretion of the Town Attorney.
Section 28. Hold Harmless. The permittee agrees to
to save the Town, its officers, employees and agents
harmless from any and all costs, damages and
liabilities which may occur or be claimed to Occur.
by reason of any work performed under said permit.
The acceptance of any permit under this Ordinance
shall constitute such an agreement by the permittee
whether the same is expressed or not.
Section 29. Liability of Town. This Ordinance shall
not be construed as emposing upon the Town or any
official or employee any liability or responsibility
for damages to any person injured by or by reason of
the performance of any work within the public way,
or under a permit issued pursuant to this Ordinance;
nor shall the Town or any offical or employee
thereof be deemed to have assumed any such
liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit
or the approval of any work.
Section 30. Engineering Regulations, Design
Standards and Construction Specifications. These
Engineering Regulations, Design Standards and
Construction Specifications,or as amended, shall
govern construction of public facilities and
construction within the public way of this Town;
and no such construction Ohall be approved unless
performed and completed in accordance with such
Engineering Regulations, Design Standards and
Construction Specifications, or as amended,
unless such performance or completion in accordance
with such standards be waived in writing for reasons
stated in such written wavier by the Building
Administrator or the Town Council-
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The Building Administrator shall have and is
hereby given the authority from time to time and
at any time to revise the said Engineering
Regulations, Design Standards, and Construction
Specifications or to amend the Same, in accordance
with good engineering standards and practices,
subject only to approval by the Town Council,
said approval to be by resolution.
Copies of these Engineering Regulations, Design Standards and
Construction Standards, as the same may be amended from time to time,
shall be kept in the office of the Town Clerk and made available
for public inspection in the offices of the Town Clerk at any time
during business hours.
Copies of the Engineering Regulations, Design Standards and
Construction Specifications as incorporated in this Ordinance,
and as the same may be amended from time to time shall be available
to be sold to the public at a reasonable price sufficient to
cover the cost of printing and reproduction by the Town of Avon.
Section 30.1 Opening and Excavation Restrictions.
A. The Rules and Regulations Governing
Excavation work of the Industrial Commission of
Colorado shall be applicable to excavation work
5' or greater in depth performed in Public Ways.
Permit application for said excavation must
be accompanied by proof that a "Notice of Intent
to Excavate or Trench" form has been filed
with the Industrial Commission. The Building
Administrator will have these forms on hand
to fill out if proof does not accompany the
application and the Building Administrator
will forward all such intent forms at the close
of each day's business.
B. The stipulations which follow are
general in scope and may refer to conditions
which will not be encountered in the performance
of the work, and which are not applicable
thereto. Any requirement or stipulation which
pertains to a non-existent conditon shall
have no meaning. The Building Administrator
may attach such other conditions or stipulations
as may be reasonably necessary to facilitate the
work, prevent damage to public or private
property, or to prevent the work from being
conducted in a manner hazardous to life or
property or in a manner likely to create a
dangerous or unsafe condition.
C. One lane of traffic in each direction
shall be maintained when any work is performed
in a public street. Traffic on streets shall not
be restricted between the of 7:00 A.M to
9:00 P.M and 4:00 P.M to 6: P.M., Monday
through Friday, except in an emergency. Weekend
and holiday work shall require proper notice
and/or the Building Administrator's permission.
D. Open trench cuts shall not exceed
300 feet beyond backfill and cleanup operations
within an established residential area and/or
paved street except by special permission of
the Building Administrator.
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E. All utility facilities shall be
exposed sufficiently ahead of trench excavation
work to avoid damage to those facilities and
to permit their relocation, if necessary.
F. The permittee shall not interfere
with or relocate any existing line, pipe or
structure without the written consent of the
owner. No facility owned by -the Town shall be
moved to accommodate the permittee unless the
cost of such work be borne by the permittee. The
cost of moving privately owned facilities shall
be similarly borne by the permittee unless it
makes other arrangements with the person
owning the facility. The permittee shall support
and protect all pipes, conduits, poles, wires or
other apparatus which may be in any way affected
by the excavation work, and do everything
necessary to support, sustain and protect them
under, over, along or across such work. The
permittee shall secure approval of the method of
support and protection from the owner of the
facility. In case any of said pipes, conduits,
poles, wires or apparatus should be damaged, and
for this purpose pipe coating or other encasement
or devices are to be considered as part of the
facility, the permittee shall promptly notify the
owner thereof.
G. Monuments of concrete, iron or other lasting
material set for the purpose of locating or
preserving the lines of any street or property
subdivision, or a,preci.se survey reference point
or a permanent survey benchmark within the Town,
shall not be removed or disturbed unless
permission to do so is first obtained in writing
from the Building Administrator. Permission
shall be granted only upon condition that the
permittee shall pay all expenses incident to the
proper replacement of the monument.
H. When work performed by the permittee
interferes with the existing drainage system of
any street, provision shall be made by the permittee
to provide drainage to the satisfaction of the
Building Administrator.
I. Excavated materials shall be laid
compactly along the side of the trench in a manner
so as to cause as little inconvenience as possible
to public travel. In order to expedite flow of
traffic or to abate a dirt or dust nuisance, the
street supervisor may require the permittee to
provide toe boards or bins; and if the excavated
area is muddy and causes inconvenience to
pedestrians, temporary wooden plank walls shall
be installed by the p®rmttt®@ as directed by the
Building Administrator.
;when any earth, gravel, or other excavated
material is caused to roll, flow, or wash upon any
street, the permittee shall cause the sand to be
removed from the street within twenty-four (24)
hours after deposit. In the event the earth,
gravel, or other excavated material so deposited is
not removed, the Engineer shall cause such removal
and the cost incurred shall be paid by the
permittee or deducted from his bond.
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J. It shall be the duty of every person
cutting or making an excavation in or upon any
public place, to place and maintain barriers and
warning devices necessary for safety of the
general public.
Barriers, warning signs, lights, etc.,
shall conform to the requirements of the Building
Administrator. Warning lights, electrical markers
or flashers shall be used to indicate a hazard to
traffic from one hour before sunset of each day
to sunrise of the next day.
The permittee shall take appropriate
measures to assure that during the performance of
the excavation work, traffic conditions as near
normal as possible shall be maintained at all times
so as to minimize inconvenience to the occupants of
the adjoining property and to the general public.
When traffic conditions permit the
Building Administrator may, by written approval,
permit the closing of streets to all traffic for
a period of time prescribed by him. The written
approval of the Building Administrator may require
that the permittee give notification to various
public agencies and to the general public. In
such cases, such written approval shall not be
valid until such notice is given.
Warning signs shall be placed far enough
in advance of the construction operation to alert
traffic within a public street, and cones or other
approved devices shall be placed to channel traffic,
in accordance with the instructions of the
Building Administrator.
K. Except in the case of an emergency no
permit shall be issued so as to allow a street
opening or pavement cuts between November 15, add
April 15.
L. The excavation work shall be performed
and conducted so as not to interfere with access
to fire hydrants, fire stations, fire escapes,
water gates, underground vaults, value housing
structures, and all other vital equipment as
designated by the Building Administrator.
M. Access to private driveways shall be
provided except during working hours whenever
construction operations prohibit provision of
such access.
N. In granting any permit, the Building
Administrator may attach such other conditions as
may be reasonably necessary to prevent damage to
public or private property or to prevent the
operation in a manner likely to create a nuisance.
such conditions may include, but shall not be
limited to the following:
1. Restrictions as to the size and type
of equipment.
2. Designation of routes upon which
materials may be transported.
3. The place and manner of
of excavated materials.
4. The prevention of noise,
results offensive or injurious to
neighborhood, the general public
adjacent properties,
disposal
and other
the
or any
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5. Minimum depth of any service line
shall be eighteen inches-below grade.
0. Equipment. Backhoes, cranes, or other
heavy equipment with outriggers must be equipped
with rubber pads on the outrigger before it,is-
allowed to dig on said street or public right-of-
way. Special provisions can be made by the
Building Administrator in the event of emergencies
or where special circumstances exist.
Section 30.2 Backfilling.
openings, and excavations
surfaced, and restored, as
A. Backfilling under
be made in accordance with
specifications:
All pavement cuts,
shall be backfilled,
follows:
paved streets shall
the following
1. Materials. Materials shall be
granular, consisting essentially of sand,
gravel, rock, slag, desintegrated granite,
or a combination of such materials. It
shall be a well-graded mixture containing
sufficient soil mortar, crusher dust or other
binding material which, when placed and
compacted, will result in a firm, stable
foundation. Material composed of uniformly
sized particles or which contains pockets of
excessively fine or excessively coarse
material will not be acceptable. The material
shall meet the following gradation:
Percent by Sieve
Weight Passing Designation
2-1/2 inch 100
2-inch 95--100
No. 4 30-- 60
No. 200 5-- 15
All material passing the No.40 sieve shall
have a liquid limit of not over thirty-five
and a plasticity index of not over six. Test
for liquid limit and plasticity index shall
be in accordance with A.A.S.H.O. designations
T-89 and T-91, respectively.
2. Construction Methods. The material
shall be deposited layers not exceeding eight
inches in thickness prior to compacting. Each
layer shall be compacted with suitable
mechanical tamping equipment. It shall be
compacted sufficiently to obtain a field
density which is at least ninety percent of
theoretical density as determined by
A.A.S.H.O. Method T-99. Field density shall
be determined by A.A.S.H.O. Method T-147.
B. Backfilling of unpaved streets shall
be made in accordance with the following
specifications:
1. Materials. The bottom six inches
and the top twelve inches of backfull shall
be the same type of material specified in
subsection A(1) of this section. The
excavation material may be used for the
remainder of the backfill, provided that no
materials greater than six inches in diameter
shall be used for backfill.
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2. Construction Methods. The material:-
shall be deposited in layers not exceeding
eighteen inches in thickness prior to
compacting. Each layer shall be compacted
with suitbale mechanical tamping equipment:
It shall be compacted sufficiently to obtain
a field density which is at least ninety
percent of theoretical density as determined
by A.A.S.H.O. Method T-99. Field density
shall be determined by A.A.S.H.O. Method
T-147.
C. Excavations in unpaved public places not
used as vehicular ways may be backfilled with
earth and shall be compacted in lifts not to exceed
eithteen inches in depth by loose measurement in
a manner set forth by the street supervisior. All
grassed areas shall be returned to their original
condition.
Section 30.3 Restoration of Surface.
A. The cut and restoration of oil and chip
surfaces shall be made in the following manner:
1. The initial pavement cut shall be
made a minimum of"one foot wider than the
trench on all sides of the trench,'a
minimum of three feet wide, and the cut in the
paving shall be made with a power`circular
saw or cutter:
2. The oil and chip surfaces shall
match the quality and appearance of the
existing surface surrounding the excavation,
and shall be sealed with a chemical as
approved by the Building-,Administrator.
B. If the Building Administrator finds that.
paving'surfaces adjacent to the street opening
may'be•damaged where trenches are made parallel to
the street or where a number,of cross trenches are
.laid in close proximity.to one another, or where
..the equipment used may cause such damage, the
permittee shall b'e required.to pay the cost of
resurfacing:' The cost of*resurfacing shall be
charged on a time and materials basis and payment,
shall be made prior to the issuance of any other
permit.
C. If any settlement:in a restored area occurs
within a period of one year from the.date of
completion of the permanent restoration, any
expense incurred by the-Town.in correcting such
settlement shall be paid by the permittee, unless
proof is submitted by the permittee satisfactory to
the Building Administrator that the settlement was
not due to defective backfilling. Failure to
backfill property may be grounds for revocation
of permittee's contractor's license.
D. If the area to be resurfaced exceed
fifty (50) percent of the total pavement surfacing
in any block, the Building Administrator may
require the permittee to resurface the block.
Fifty percent or greater damage shall be deemed to
require one hundred (100) percent restoration.
This damage may be caused where trenches are laid
in close proximity to one another, or where the
equipment or method used causes damage.
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E. The Town recognizes that Special Districts
and public utilities perform inspections and have
other agencies which inspect and require their
facilities to be inspected; therefore, the
Building Administrator will not make inspections of
work performed by those permit holders unless a
complaint is received from the public which requires
an inspection by the Building Administrator, in
which case, the permittee shall be billed for the
inspection. If any failure in the restored area
occurs within a period of one (1) year from the
completion date, the mown shall require the
permittee to make necessary corrections.
For other permits, the Building Administrator
shall make such inspections as he may deem
necessary. For underground installation, the Town
recognizes that other agencies require inspections
and the Town's concern is that the surface is
properly restored. If any failure in the restored
area occurs within a period of one (1) year from
the completion date, Ehe permittee shall be
notified that corrections are necessary. If the
corrections are not made in a reasonable time,
the permitteds surety shall be notified and
necessary corrections made and required expenses
deducted from the bond. Inspections may be
requested between the hours of 8:30 a.m. and
4:30 p.m. Monday through Friday by calling
949-4280. Normally calls received before 12:00 noon
will be inspected that day.
F. In no case shall any opening made by a
permittee be considered in the charge or care
of the Town or any of it-s officers or employers, and
no officer or employee is authorized in any way
to take or assume any jurisdiction over any such
opening, except in the exercise of the police
powers, when it is necessary to protect life and
property.
Section 31. Penalties. It shall be unlawful for
any person to do any act or thing prohibited by the
terms of this Ordinance or any lawful orders or
regulations issued pursuant hereto, and including
but not limited to the Town of Avon's Engineering
Regulations, Design Standards and Construction
Specifications, or as may be amended, for any
person to fail to do or perform any act or thing
required to be done by this Ordinance, or any
lawful orders or regulations issued pursuant
hereto, and including, but not limited to the
aforesaid Engineering Regulations, Design Stand-
ards and Construction Specifications, or as may
be amended.
Any person, firm, or corporation violating
any of the provisions or of this Ordinance shall
be deemed guilty of a misdemeanor, and any such
person, firm, or corporation shall be deemed guilty
of a separate offense for each and every day or
portion thereof during which any violation of
any of the provisions of this Ordinance is
committed, continued, or permitted, and upon
conviction of any such violation, such person,
firm or corporation shall be punished by a fine of
not more than Three Hundred ($300.00) Dollars or
by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.
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Section 34. Severability. If for any reason any
one or more sections, sentences, clauses or parts
of this Ordinance are held invalid, such
judgment shall not affect, impair or invalidate the
remaining provisions of this Ordinance, but shall
be confined in its operation to the specific
sections, sentences, clauses or parts of this
Ordinance held invalid, and the invalidity of any
section, sentence, clause or part of this Ordinance
or in any one or more instances, shall not affect or
prejudice in any way the validity of the remaining
provisions hereof, or in any other instance.
INTRODUCED, PASSED, READ ON THE FIRST
.
PUBLISHED ONCE IN FULL, THIS 2-q
A PUBLIC HEARING ON THIS ORDINANCE
OF THE TOWN COUNCIL OF THE TOWN OF
DAY OF , 1979, AT 7:30
OF THE TOWN.
READING, APPROVED AND ORDERED
DAY OF , 1979, AND
SHALL BE HELD T HE MEETING
AVON, COLORADO, ON THIS g+k
P.M. IN THE MUNICIPAL OFFICE
la o
ATTEST:
Town Clerk
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED, AND ORDERED
PUBLISHED THIS Y DAY OF , 1979.
f
1 yor
ATTEST:
Town Clerk
0 0
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. ON the
8th day of May, 1979 at the Town Hall for the purpose of
considering the adoption of AN ORDINANCE REGULATING WORK WITH-
IN THE TOWN OF AVON, COLORADO, ESTABLISHING PERMIT REQUIRE-
MENTS AND FEES; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE;
AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO,
AND AUTHORIZING CHANGE AND AMENDMENTS THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final passage
of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town Council
of the Town of Avon.
Dated this 24th day of April, 1979.
TOWN OF AVON, COLORADO
By order of the-Town Council:-
BY 4 t190 ~
TOWN CLERK
Posted at the following public places within the Town of Avon
April 25, 1979, at:
The Northeast side of the Benchmark Shopping Center
(Avon Post Office)
The main entrance - Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center