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TC Res. No. 2013-12 Revisions to Right of Way FeesTOWN OF AVON, COLORADO RESOLUTION NO. 13-12 SERIES OF 2013 A RESOLUTION REVISING THE FEES SCHEDULE FOR CONSTRUCTION WORK WITHIN PUBLIC RIGHT -OF -WAY, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town Council may enact and update fee schedules to accurately refelect the cost of labor and overhead involved with all application processes as stipulated in Title 12 (Streets, Sidewalks and Public Places), and WHEREAS, the Town Council wishes to update the Town of Avon Right -of -Way Use Fee Schedule setting the fees for applications received for work on or after April 15, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The Town Council hereby adopts the following Town of Avon Right -of -Way Use Fee Schedule as set forth and incorporated herein as "Exhibit A to Resolution 13 -12 ", setting fees for review and processing of the construction work within public ways applications. ADOPTED THIS 9th DAY OF APRIL, 2013. o�NO•FA(r TOWN COUNCIL TOWN OF AVON, COLORADO ��DLO RA4 4 Rich Carroll, Mayor ATTEST: Patt envy, To n erk TOWN OF AVON RIGHT -OF -WAY USE FEE SCHEDULE EFFECTIVE APRIL 10, 2013 Town of Avon Resolutionl3 -12 BASE PERMIT EXCAVATION / CUT FEES Cut to asphalt or concrete road pavements Permanent paved driveway installation /re -pave Cut to concrete or other special surface Cut to brick pavers, decorative concrete, or other special surface Utility bores (no pavement cut) Curb and gutter cut /repair Sidewalk panel repair USE FEES Temporary contractor parking or staging Extra field inspection Lane / Trail Closures $250.00 30 SF cut is included in base permit fee anything larger is $6.00 SF $75.00 each $ 10.00 SF $150.00 /LF or SF, whichever is less $50.00 per location $ 3.00 LF $ 25.00 per panel $100.00 per residential building permit $ 35.00 each $0.15 /LF April 15- November 15 $1.00 /LF off season Stop work/Late application Fines up to $1,000 per day per AMC 12.040 & 1.09 NOTES: A. Avon's Road and Bridge Division, on behalf of Public Works, administers the ROW Use Permit program under AMC 12.04; authority to establish fees is set forth in ACM 12.04.1 10(a) and (b). B. ROW Use Permits are administered annually on a per - parcel basis; a separate permit must be obtained for each impacted parcel or parcel fi-ontage each calendar year. C. The base permit fee includes grading of one storm ditch, one (1) temporary unpaved driveway installation, and up to two (2) site inspections by Road and Bridge staff or the Town Engineer. D. Excavation cut fees cover cost for daily monitoring, inspection of compaction and restoration, review of one (1) set of test cylinders or break reports for new pavement, degradation fee, and management of surety deposit. E. A surety is required for all excavation and pavement cuts in the public ROW in accordance with AMC 12.04.280. This surety must take the form of cash or a letter of credit from a local bank, unless the applicant is already under contract with the Town to perform work under a bonded design or construction contract. The Road and Bridge Superintendent , or his /her designated administrator, will set the amount of surety which must be at least $2,000 in accordance with AMC 12.04.280. The security deposit is held for a minimum of two (2) years from the date of final inspection per AMC 12.04.280. F. Temporary contractor parking or staging in the public ROW may be allowed on a case -by -case basis with an approved parking and traffic control plan. Fee covers cost for daily monitoring and coordination with Avon Police Department staff. G. Lane, sidewalk, or trail closures of the public ROW may be allowed on a case -by -case basis with an acceptable traffic control plan. Fee covers cost for daily monitoring, sign adjustments, and notification to public and emergency services. H. The Applicant remains responsible for restoration of the work area to the satisfaction of the Town. I. The issuance of a stop work order or discovery of work started without a permit is cause for additional fee. TOWN OF AVON RIGHT -OF -WAY USE FEE SCHEDULE EFFECTIVE APRIL 10, 2013 Town of Avon Resolutionl3 -12 BASE PERMIT EXCAVATION / CUT FEES Cut to asphalt or concrete road pavements Permanent paved driveway installation /re -pave Cut to concrete or other special surface Cut to brick pavers, decorative concrete, or other special surface Utility bores (no pavement cut) Curb and gutter cut /repair Sidewalk panel repair USE FEES Temporary contractor parking or staging Extra field inspection Lane / Trail Closures $250.00 30 SF cut is included in base permit fee anything larger is $6.00 SF $75.00 each $ 10.00 SF $150.00 /LF or SF, whichever is less $50.00 per location $ 3.00 LF $ 25.00 per panel $100.00 per residential building permit $ 35.00 each $0.15/LF April 15- November 15 $1.00 /LF off season Stop work/Late application Fines up to $1,000 per day per AMC 12.040 & 1.09 NOTES: A. Avon's Road and Bridge Division, on behalf of Public Works, administers the ROW Use Permit program under AMC 12.04; authority to establish fees is set forth in ACM 12.04.110(a) and (b). B. ROW Use Permits are administered annually on a per - parcel basis; a separate permit must be obtained for each impacted parcel or parcel frontage each calendar year. C. The base permit fee includes grading of one storm ditch, one (1) temporary unpaved driveway installation, and up to two (2) site inspections by Road and Bridge staff or the Town Engineer. D. Excavation cut fees cover cost for daily monitoring, inspection of compaction and restoration, review of one (1) set of test cylinders or break reports for new pavement, degradation fee, and management of surety deposit. E. A surety is required for all excavation and pavement cuts in the public ROW in accordance with AMC 12.04.280. This surety must take the form of cash or a letter of credit from a local bank, unless the applicant is already under contract with the Town to perform work under a bonded design or construction contract. The Road and Bridge Superintendent , or his /her designated administrator, will set the amount of surety which must be at least $2,000 in accordance with AMC 12.04.280. The security deposit is held for a minimum of two (2) years from the date of final inspection per AMC 12.04.280. F. Temporary contractor parking or staging in the public ROW may be allowed on a case -by -case basis with an approved parking and traffic control plan. Fee covers cost for daily monitoring and coordination with Avon Police Department staff. G. Lane, sidewalk, or trail closures of the public ROW may be allowed on a case -by -case basis with an acceptable traffic control plan. Fee covers cost for daily monitoring, sign adjustments, and notification to public and emergency services. H. The Applicant remains responsible for restoration of the work area to the satisfaction of the Town. I. The issuance of a stop work order or discovery of work started without a permit is cause for additional fee. MT •T • •. To: Honorable Mayor and Town Council From: Gary Padilla, Road and Bridge Superintendent Date: April 3, 2013 Agenda Topic: Resolution 12 -13 Right -of -Way Use Fees On January 10, 2006, Town Council approved Resolution 06 -01 Revising Fee Schedule for Zoning, Construction Work within the Public Ways, Subdivision and Design Review Applications, Town of Avon, Eagle County, Colorado. Staff is recommending at this time the Construction Work within the Public Ways Fee Schedule (Fee Schedule) be amended. Fees are intended to cover the cost of Town staffs' time in the acceptance, review, approval and supervision of work within the Town right -of -way by parties other than Town of Avon employees or agents. The Road and Bridge department typically averages about 45 right -of- way permits per year, including permits for utility installation such as repairs for water, gas, phone and cable. The Fee Schedule for the past six (6) years has been questioned by numerous local contractors, utility companies and private property owners as being too high especially when compared to other municipalities in the region. Town staff has contacted the Towns of Vail, Frisco and Snowmass and compared Avon's current fees. While each entity uses different scales and types of work for calculating their fee schedule, Justin Hildreth, Town Engineer, and I found that Avon's fees are significantly higher than these towns. Justin worked with me to estimate what we felt the appropriate fee should be to cover Town costs. Over this next year, Town staff periodically will track our actual time spent on right -of- way permitting and administration, however, with the need to provide permits by April 15th to contractors, we are recommending the fees be revised as provided for in Resolution 13 -12. 1 am attaching a redline of the current fees and proposed changes. [See Attachment 1] An average of $42,000 was collected by the Town over the past two years for right -of -way permits. The 2013 budget is $35,00 in permit fee revenue. I am estimating that collections may fall as much as 50% with the lower recommended fees. RECOMMENDATION: Council, by motion and vote, approve Resolution 13 -12. ATTACHMENT 1 Redline of Changes TOWN OF AVON RIGHT -OF -WAY USE FEE SCHEDULE 2012' BASE PERMIT $250.00 USE FEES Temporary contractor parking or staging $100.00 per residential building Pe lit VUV1L A '� r �r *^ Bollar-d r-emoval4e-loeatio $100 00 /b U a Extra field inspection $ 35.00 75.00 each independent hispeetiep,4esting,'RepeA Review $ 20.00 eaeh test of r-eper4 Traffic Fuel plan r-eyie w $ 50.00 fl al r Stop work/Late application $250 0 wz� o . o 0/ naccccr"rciic�(C P I 1 Lane / Trail Closures $0.15 0-40 /LF /day, each laneA ril 15 to Nov. 15 and to $1.00 off season EXCAVATION / CUT FEES Permanent paved driveway installation/re -pave $75.00 each Cuts to asphalt or concrete road pavements $ 7-, 5:00% of SF, whiehevei -ffi les -si c P21 Cuts to brick pavers, decorative concrete, or other special surface $150.00 /LF or SF, whichever is less Sidewalk panel work $25 /panel Cuts to iien paved sur-faee, road pfism, landseaping $-25/ LF ot! SF, whiehever- is less Utility bores (no pavement cut) $50.00 /location Curb and gutter cuts /repair $3.00 /LF 1. NOTES A. Public Works administers the ROW Use Permit program under AMC 12.04; authority to establish fees is set forth in ACM 12.04.1 10(a) and (b). B. ROW Use Permits are administered annually on a per - parcel basis; a separate permit must be obtained for each impacted parcel or parcel frontage each calendar year. C. The base permit fee includes grading of one storm ditch, one (1) temporary unpaved driveway installation, and up to 2 site inspections by Public Works staff. D. Excavation cut fees cover cost for daily monitoring, inspection of compaction and restoration, review of 1 set of test cylinders or break reports for new pavement, degradation fee, and management of surety deposit. E. A surety is required for all excavation and pavement cuts in the public ROW in accordance with AMC 12.04.280. This surety must take the form of cash or a letter of credit from a local bank, unless the applicant is already under contract with the Town to perform work under a bonded design or construction contract. The Public Works Director, or his /her designated administrator, will set the amount of surety which must be at least $2,000 in accordance with AMC 12.04.280. F. Temporary contractor parking or staging in the public ROW may be allowed on a case -by -case basis with an approved parking and traffic control plan. Fee covers cost for daily monitoring and coordination with Avon Police Department staff. G. Lane, sidewalk, or trail closures of the public ROW may be allowed on a case -by -case basis with an acceptable traffic control plan. Fee covers cost for daily monitoring, sign adjustments, and notification to public and emergency services. ATTACHMENT 1 Redline of Changes H. The Applicant remains responsible for restoration of the work area to the satisfaction of the Town. I. The issuance of a stop work order or discovery of work started without a permit is cause for additional fee. TOWN OF AVON, COLORADO RESOLUTION NO. 13-12 SERIES OF 2013 A RESOLUTION REVISING THE FEES SCHEDULE FOR CONSTRUCTION WORK WITHIN PUBLIC RIGHT -OF -WAY, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town Council may enact and update fee schedules to accurately refelect the cost of labor and overhead involved with all application processes as stipulated in Title 12 (Streets, Sidewalks and Public Places), and WHEREAS, the Town Council wishes to update the Town of Avon Right -of -Way Use Fee Schedule setting the fees for applications received for work on or after April 15, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The Town Council hereby adopts the following Town of Avon Right -of -Way Use Fee Schedule as set forth and incorporated herein as "Exhibit A to Resolution 13 -12 ", setting fees for review and processing of the construction work within public ways applications. ADOPTED THIS Stn DAY OF APRIL, 2013. TOWN COUNCIL TOWN OF AVON, COLORADO Rich Carroll, Mayor ATTEST: Patty McKenny, Town Clerk TOWN OF AVON RIGHT -OF -WAY USE FEE SCHEDULE EFFECTIVE APRIL 10, 2013 Town of Avon Resolutionl3 -12 BASE PERMIT EXCAVATION / CUT FEES Cut to asphalt or concrete road pavements Permanent paved driveway installation /re -pave Cut to concrete or other special surface Cut to brick pavers, decorative concrete, or other special surface Utility bores (no pavement cut) Curb and gutter cut /repair Sidewalk panel repair USE FEES Temporary contractor parking or staging Extra field inspection Lane / Trail Closures $250.00 30 SF cut is included in base permit fee anything larger is $6.00 SF $75.00 each $ 10.00 SF $150.00 /LF or SF, whichever is less $50.00 per location $ 3.00 LF $ 25.00 per panel $100.00 per residential building permit $ 35.00 each $0.15/LF April 15- November 15 $1.00 /LF off season Stop work/Late application Fines up to $1,000 per day per AMC 12.040 & 1.09 NOTES: A. Avon's Road and Bridge Division, on behalf of Public Works, administers the ROW Use Permit program under AMC 12.04; authority to establish fees is set forth in ACM 12.04.1 10(a) and (b). B. ROW Use Permits are administered annually on a per - parcel basis; a separate permit must be obtained for each impacted parcel or parcel frontage each calendar year. C. The base permit fee includes grading of one storm ditch, one (1) temporary unpaved driveway installation, and up to two (2) site inspections by Road and Bridge staff or the Town Engineer. D. Excavation cut fees cover cost for daily monitoring, inspection of compaction and restoration, review of one (1) set of test cylinders or break reports for new pavement, degradation fee, and management of surety deposit. E. A surety is required for all excavation and pavement cuts in the public ROW in accordance with AMC 12.04.280. This surety must take the form of cash or a letter of credit from a local bank, unless the applicant is already under contract with the Town to perform work under a bonded design or construction contract. The Road and Bridge Superintendent , or his /her designated administrator, will set the amount of surety which must be at least $2,000 in accordance with AMC 12.04.280. The security deposit is held for a minimum of two (2) years from the date of final inspection per AMC 12.04.280. F. Temporary contractor parking or staging in the public ROW may be allowed on a case -by -case basis with an approved parking and traffic control plan. Fee covers cost for daily monitoring and coordination with Avon Police Department staff. G. Lane, sidewalk, or trail closures of the public ROW may be allowed on a case -by -case basis with an acceptable traffic control plan. Fee covers cost for daily monitoring, sign adjustments, and notification to public and emergency services. H. The Applicant remains responsible for restoration of the work area to the satisfaction of the Town. I. The issuance of a stop work order or discovery of work started without a permit is cause for additional fee.