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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. -2- 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. -3- 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. -4- 0 0 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. -5- • • 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. -6- • • 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. -7- 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. -8- 6 6 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 -9- 0 0 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. -10- 0 0 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- -11- • 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. -12- 0 0 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. -13- • 0 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 -14- 0 0 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. -15- 0 , - . ~ 0 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. -16- 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. -17- 0 0 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