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TC Ord. No. 1981-26ORDINANCE NO. #80-26 Series of 1980 AN ORDINANCE AMENDING ORDINANCE NO. 79-10, SERIES OF 1979 TO MODIFY THE FEE SCHEDULE PROVIDED THEREBY AND TO MAKE ADDITIONAL REQUIREMENTS REGARDING FACILITIES IN-PUBLIC WAYS, DEPTH OF SERVICE LINES, COMPACTION REQUIREMENTS AND TESTING OF COMPACTIONS; AND PROVIDING PENALTIES-FOR THE VIOLATION THEREOF Section 1.. Amendment. Section 10, Ordinance No.-79- 10 is amended to read as follows: "Section 10. Review and Inspection Fees. Fees-for the review of the application, including plans, speci- fications and sketches and for inspection as,the.work progresses shall be assessed by the following schedule: Service Cut(s): First cut $50.00 Additional cuts $25.00 each Longitudinal Cut(s): $50.00 plus $1.00 per lineal foot Driveways (including culverts): $30.00 plus $0.10 per lineal.foot. Street Surfacing & Repairing (Asphalt): $25.00 plus $1.00 per square foot. Said fees shall be used to cover expected costs of_engineering review and inspection, and soils compaction testing of trench backfill. " 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 inspec- tion,-which charges shall._be,computed in,accordance with the above schedule ofReview and Inspection Fees. In the case of annual permits, the permittee shall submit a proposed work schedule to the Building Administrator or Town Engineer. No permit shall be issued 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 per mittee shall be liable for the difference between such actual review and inspection fees and the amount paid i i by him, if said difference exceeds Twenty-Five ($25.00) Dollars, which shall be billed by the Town at the con- clusion 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 appro- priate 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." Section 2. Amendment. Section 2, Ordinance No. 79- 10, is amended to read as follows: "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 and the period of time deemed by the Building Administrator to be reasonably necessary for the completion of the work." Section 3. Amendment. Section 26, Ordinance No. 79- 10, is amended by the addition of a paragraph C as follows: "C. Failure to comply with the requirements of this Section with regard to filing of location records, with the Town, shall be grounds for disapproval of permit requests or voiding of any annual permit in effect." Section 4. Amendment. Subsection 5, Paragraph N, Section 30.15 Ordinance No. 79-10, is amended to read as follows: "5. Minimum depth of any service line shall be thirty-six inches below grade." Section 5. Amendment. Subsection 2, Paragraph A, Section 30.2, Ordinance No. 79-10, is amended to read as follows: "2. Construction Methods. The material shall be deposited in layers not exceeding twelve inches in thickness prior to compacting. Each layer shall be compacted with suitable mechanical tamping equipment. It shall be compacted sufficiently to -2- obtain a field density which is at least ninety-five percent of theoretical density as determined by A.A. S.H.O. Method T-99. Field.de_nsity shall be determined by A.A.S.H.O. Method T-147.." Section 6. Amendment. Subsection 2, Paragraph B, Section 30.2, Ordinance'No. 79-10, is-amended to.read as follows: "2. Construction-Methods.- The'material shall be deposited,in layers not exceeding twelve 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-five 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." Section 7. Amendment. Paragraph C. Section 30.2, Ordinance No. 79-10, is amended to read as follows: "C. Excavations in unpaved places not used as vehicular ways shall be backfilled in accordance with the following specifications. 1. Materials. The bottom six inches shall be the same type material specified in subsection A (1) of this section. The excavated 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. 2. Construction Methods. The material shall be deposited in layers not exceeding twelve 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 five per- cent 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. All sodded, landscaped or grassed areas shall be restored to their original condition." Section 8. Amendment. Section 30.2, Ordinance No. 79=10, is amended by the addition of a Paragraph D'as follows: "D. Compaction testing of backfill shall be as follows: 10 The permittee shall make arrangements for a Soils Engineer or testing laboratory to perform the specified compaction tests. -3- w The Soils Engineer or Testing Laboratory shall be approved by the Town Engineer--. 2. Unless specifically waived by the Town Building Administrator or Town Engineer on the basis of the past performance of the permittee, a minimum of the following com- paction tests shall be performed. At least two compaction tests shall be taken on each compacted layer of backfill.- Any trenching and backfill operation over.7100 feet in length shall have at least one compaction test taken on each compacted layer of-back= fill for each 100 feet of length. Any area- not meeting minimum density requirements shall be recompacted and retested until den- sity requirements are met. 3. A report listing the location, depth and results of all compaction tests shall be provided to the Town Engineer. No repaving operations shall commence.until the compaction tests report has been reviewed and approved by~the Town Engineer. Section 9. Repeal. Paragraph E, Section 30.3,, Ordinance No. 79'-10, is..her,eby repealed. Section 10. Penalties. Any person, firm.or corporatii violating any of the provisions of this Ordinance shall be deemed guilty of a violation of this.Ordinance, and any such persoxi, firm or corporation shall`be'.deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued.or permitted, acid upon conviction of any, such violation, such person, firm or corporation shall be,-punished Eby'a fine of not more than $300.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 11. Saving Clause.' If any part, section, subsection, sentence-, clause.or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining sections of this Ordinance; the Town Council hereby declares that it would have passed this Ordinance in each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that'any one or more-parts, sections, subsections, sentences, clauses or phrases be declared to be invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 1980 and a public hearing on this Ordinance shall be held at the regular- meeting of the Town Council of the Town of Avon, Colorado, on the day of , 1980, at 7:30 P.M. in the Municipal Offices of the Town. Angelo V. Alpi, Mayor -4- ATTEST: Patricia J. Doyle, Town Clerk INTRODUCED, PASSED ON':SECOND. READING, APPROVED, AND ORDERED POSTED ONCE IN FULL, this day of _ , 1980. This Ordinance will become effective on , 1980. Angelo V'. A1pi, Mayor ATTEST: Patricia J. Doyle,.Town Clerk -5- 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 10TH DAY OF FEBRUARY, 1981 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-26, SERIES OF 1980: AN ORDINANCE AMENDING ORDINANCE NO.#79-10, SERIES OF 1979 TO MODIFY THE FEE SCHEDULE PROVIDED THEREBY AND TO MAKE ADDITIONAL REQUIREMENTS REGARDING FACILITIES IN PUBLIC WAYS, DEPTH OF SERVICE LINES, COMPACTION REQUIREMENTS AND TESTING OF COMPACTIONS; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. 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 notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 11th day of February 1981. T0117N OF AVON, COLORADO BY: Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 11, 1981: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER k Z2 r