TC Ord. No. 1981-030 0
ORDINANCE NO. #81-3
Series of 1981
AN ORDINANCE REPEALING AND REENACTING ORDINANCE
NO. 79-10, SERIES OF 1979, REGULATING WORK WITHIN
THE PUBLIC WAYS OF THE TOWN OF AVON, COLORADO, ESTAB-
LISHING PERMIT REQUIREMENTS AND FEES; PROVIDING FOR
THE ENFORCEMENT OF THE ORDINANCE; AND SETTING FORTH
VARIOUS OTHER PROVISIONS RELATED THERETO, AND AUTHOR-
IZING CHANGE AND AMENDMENTS THERETO AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED by the Town Council of the Town of Avon,
Colorado, that Ordinance No. 79-10, Series of 1979 is repealed and
reenacted with Amendments as follows:
Section 1. Findings. The Town Council finds as follows.
A. That the public investment in the public ways of the
Town of Avon is 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 the public ways must be regulated
in the interest of the public health, welfare and safety 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 2. Definitions.
A. Applicant. shall mean any person who makes application
for a permit.
B. Town. shall mean the Town of Avon, municipal corpo-
ration 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 Regulation, Construction
Specifications, and Design Standards.
shall mean the Engineering 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.
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H. Public Utility Company. shall mean any company subject
to the jurisdict n of the State Public Utilities Commission, or any
mutual non-profit corporation providing gas, electricity, water,
telephone, or other 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 District 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 otherwise defined herein.
K. Work Site Restoration. shall mean and include all
the restoring of the original ground or paved surface to the same
(or better) condition than the condition which existed before con-
struction 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 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 Permit and
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
hereinafter specifically provided.
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 apermit. Such application shall be
filed with the Building Administrator on a form or forms to be fur-
nished 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 relationship 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 relationship or compliance or both; and the application shall
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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
Application.
A. No work shall be commenced until the Building Admin-
istrator-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-applica-
tion, 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 neces-
sary 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 plan, 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 permitee 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.
D. The disapproval of an appl•ication'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 Administrator 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 appli-
cants-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
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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-orc"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.
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 specifications and sketches, and for
inspection as the work progresses shall be assessed by the following
fee schedule:
Schedule of Review and Inspection Fees.
Transverse or cross-cut(s) for laterals service
lines mains,,trunk lines-and other underground
structures where the excavated trench is not more
than 100 linear.feet in length:
First, Cut . . . . . . $40.00
Each Additional Separate
Adjacent Cut-Allowed Under
The Same Permit . . . . . . . . . $30.00
Longitudinal%cut(s)`for laterals, service lines,
mains, trunk lines and other underground structures
and locations where transverse cut trench excavations
are greater than 100 linear feet in length:
Each Cut . . . . . . . . . . . . . . $40.00
Plus $0.10 per linear foot for all trench length
greater than 100 feet.
Driveway cut(s) for laterals, service lines, maines,
trunk lines and other underground structures(including
culverts and drainage lines):
Each cut . . . . . . . . . . . . . . . $40.00
Plus $0.10 per linear foot for all trench length
greater than 100 feet.
Street paving, resurfacing, overlaying, etc., including
but not-limited to: placement and%or.reconstruction of
asphalt and other pavements, driveways, walks, curbs,,
gutter, and parking surfaces
Single stage construction providing for permanent
paving; etc.. . .$0.10 per square yard, but not less
than $25.00.
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Two stage construction providing for
temporary paving and later removal and
reconstruction for permanent paving,
etc. $0.10 per square yard, but not
less than $35.00.
NOTE: Fees for street paving are assessed
in addition to the fees above shown for
transverse cuts or longitudinal cuts or
driveway cuts.
Fee applicable where construction is accomplished by
boring, tunnelling, and/or jacking conduit and lines:
Each location or each 100 linear feet, or fraction
thereof, of structure or conduit ...........$25.00
Fee applicable where construction is accomplished
by ditching "narrow trenches" or "plowing-in-place":
Each location or each 1,000 linear feet, or
fraction thereof, of structure or conduit ...$10.00
with a minimum fee of $25.00 total.
No fees for review and inspection will be assessed
or required in cases where the only work to be done
is the placement of utility poles or poles for other
purposes in the public way provided that the graded
or paved portion of the roadway, if any, is not cut
into or otherwise disturbed. This provision does not
eliminate the Permit requirement nor fees for same.
Said fees shall be used to defray the expected costs
of engineering review and inspection of underground
structure installations and related construction.
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 - based on estimated project lengths - an 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. Holders of Annual Permits shall submit
quarterly in duplicate to the Building Administrator a proposed
monthly work schedule.
If acceptable to the Town of Avon, holders of Annual
Permits may elect to: (1) Establish with the Town a escrow account
which will be debited for any permit charges on a case by case
basis, or (2) Be billed quarterly for all accrued Permit charges
plus fifteen (15) percent for administrative costs. Otherwise,
all permit charges shall be paid separately as herin specified,
and except as may be arranged as above allowed, no Permit shall
be issued and no work shall be performed under any Permit for
which charges have not been paid by the permittee.
In the event that actual work performed by the permitte
shall exceed the work as stated in the application upon which the
charges were based and upon which additional charges should be as-
sessed, the permittee shall be liable for the difference between
the costs attributable to a larger project 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 proceeds; and in the event of
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non-payment of all or part thereof, the; balance - due , inay'.;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 him.
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 actual work performed by the permittee shall -
be less than the work as stated in the application upon which the
charges were based and upon which reduced charges'should be as-
sessed, the Town shall be liable for the difference between the
amount paid by the permittee and-.the'-costs attributable'to a
lessor project, if-said difference exceeds twenty-five ($25.00).•
dollars, and:the.permitee'requests'reimbursement at the conclusion
of the work; or from time to'time as'the-work proceeds where
applicable.
Section 11. Payments to the-Town of_.Avon. A1l,.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
undertaking which the permitee,desires to undertake in the public
way within the Town of Avon, and shall furnish to the Building
Administrator such plans, sketches or:specifications, or all of
them, as the Building Administrator may find necessary to fully
determine the relationship of the work proposed'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 Administator
of the.nature of the work to be performea,-the time within which
the work is to 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 Scetion 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 if the requirements of this Ordinance
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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.
Section 14. Assignment of Permits. Permits shall not be trans-
ferable or assignable, 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 permit 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 maintaining 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, the 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 con-
dition 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.
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 pro-
vision or provisions of this Ordinance, or whenever the Building
Administrator shall suspend'or revoke a permit.
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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 with Tnthe 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,,00-0)' 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 Buildingc:Ad-
ministrator whenever,it shall appear that the amount and cast
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 coincedent'-,with the..term of the- applicants `annual.`:permit . ,
or if .the application shall be for a•permit other than an annual'
permit, the term of the bond shall run coincedent 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. When the Building Ad-
ministrator shalnd that a default has occurred in the per-
formance of any term or condition of the permit, written notice
therof 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 Admin=
istrator"to be reasonably necessary for the completion of the
work.
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 afia,property), shall
fail either to commence and cause the required work to be per-
formed with due diligence, or to indemnify the Town for the cost
of doing the work, as set forth in the notice, the Town may per-
form 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
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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 accepta-ble,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 performance of the work, whether such performance
be by himself, 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 under-
ground 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 perscribe 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 annu-
ally evidence of insurance coverage in lieu of individual sub-
missions 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 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 dem-
onstrate 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 1-sued to open any newly paved or rebuilt
street surface less than one-(l) year old, except under emergency
circumstaces, 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
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permittee, 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 Ordi-
nance,'a large map or a witten'statement identifying the
public ways wherein the aforementioned facilities owned
by such-cperson 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 Ordi-
nance, such person, without further request, shall notify
the Building Administrator in writing of any changes nec-
essary to maintain the listing required in Subsection A
of this Section 26.
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 27. Abandoned Facilities.
A. When any pipe, conduit, duct, tunnel, or other
structure or portion thereof located within any,public
way, or the use thereof, is abondoned, the person owning,
using, controlling or having an interest therein shall,
within thirty (30) days after such abandonment, file
in writing giving in detail the location of the structure
so abandoned.
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 consider-
ation 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.wi.thin a-•reason-
able- time following the giving- of such notice,_ then _tlze
Town may remove or alter the abondoned.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
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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 save the
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 official or employee thereof be deemed to
have assumed any such liability or resposibility by reason of
inspections authorized hereunder, the issuance of any permit or
the approval of any work.
Section 30. Engineering Regulations, Design Standards and Con-
struction Specifications. These Engineering Reg-
ulations, Design Standards and Construction Specifications, or as
amended, shall govern construction of public facilities and con-
struction within the public way of this Town; and no such con-
struction shall be approved unless performed and completed in
accordance with such Engineering Regulations, Design Standards
and Construction Specifications, or as amended, unless such perform-
ance 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.
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 Spec-
ifications 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 avail-
able for public inspection in the offices of the Town Clerk at
any time during business hours.
Copies of the Engineering Regulations, Design Standards and Con-
struction 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
of the Industrial Commission of Corrado 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 Adminis_-
trator 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.
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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
condition 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 main-
tained when any work is performed in a public street. Traffic
on streets shall not be restricted between the hours of 7:00 A.M.
to 9:00 A.M. and 4:00 P.M. to 6:00 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.
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 permitte 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. Trhe-c_ost 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-vay 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
thereor.
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 precise 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 material shall be laid compactly along
the side of the trench in a manner so as to cause as little incon-
venience as possible to public travel. In order to expedite flow
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of traffic or to abate a dirt or dust nuisance, the street super-
visor 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 permittee 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.
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.
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 enouqh in advance of
the construction-operation to alert traffic within a-public street,
and cones to 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, and 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 disposal of excavated materials.
4. The prevention of noise, and other results offensive
or injurious to the neighborhood, the general public or
any adjacent properties.
5. Notification to the Town 48 hours in advance of
commencement of installation of facility and, 12 hours
in advance of any change of date.
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6. Minimum depth of any service line or main utility
shall comply with applicable State and National Codes
as well as Town Building Code requirements, but in no
case shall any utility be less than thirty(30) inches-
or if a service line or if plowed, twenty four(24) inches
".'.below,,firiished`_,grades~,,..This provision, does not-pertain to
cover--over., culverts, or , storm drainage works.
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 of where special circumstances exist.
Section 30.2 Backfilling. All pavement cuts, openings and
excavations shall be backfilled, surfaced and restored, as follows:
A. Backfilling under paved,streets shall be made in
accordance with the following specifications:
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:
Sieve
Designation
Percent by
Weight Passing
2-1/2 inch
2-inch
No.4
No.200
100
95--100
30-- 60
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
in layers not to exceed eightt8) inches.in-;.thickness_prior
to compacting; provided, the bottom layer shall not exceed
fifteen(15) inches in, thickness. The material shall
be compacted using moisture-density-control. Compaction
shall be obtained by means of suitable mechanical equipment.
No puddling or jetting will be allowed: Backfill shall be.
compacted.to not less than ninety-five(9,5,%)•percent of the
theoretical laboratory-"density "as determined by AASHTO
Method T-99.. Field densities shall;be determinined by approved
methods. The amount of water used in compacting the specified
backfill shall be that necessary to achieve the required
minimum density.
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 backfill shall be the same type of material
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specified in subsection AC1). 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.
2. Construction Methods. The material shall be deposited
in layers not,to exceed eight (8) inches in thickness
prior to compacting; provided the bottom layer shall not
exceed 15 inches in thickness. The material shall be
compacted using moisture-denity-contr-ol. Compaction shall
be obtained by means of suitable-mechanical equipment.
No puddling or jetting will be allowed. Backfill for
the portion of the trench to be completed using materials
specified in Subsection A(1) above shall be compacted
in accordance with the requirements of Subsection A(2,)
above shown. Backfill for the remainder of the trench
shall be compacted to not less than ninety-five (95%)
percent of the theoretical laboratory density as deter-
mined by AASHTO Method T-99. The amount of water used for
compacting the remaining trench soils shall be not less
than two (2t) percent dry of optitum:;nor,more:.than optimum
moisture. Field densities shall be determined by approved
methods.
C. Excavations in unpaved places not used as vehicular
ways shall be backfilled in accordance with the following specifi-
cations.
1. Materials. The bottom six (6) inches shall be the
same type material specified in'Subsection A(1) of this
Section. Suitable excavated material may be used for the
remainder of the backfill,-provided that no materials
greater than six (6) inches in any dimension shall be
used for backfill.
2. Construction Methods. The material shall be deposited
in layer not to,exceed eight (8) inches in thickness prior
to compacting; provided, the bottom layer shall not exceed
15 inches iri thickness. The material shall be compacted
using moisture-density-control. Compaction shall be ob-
tained by means of suitable mechanical equipment. No
puddling or jetting will be allowed. Backfill for the
portion of the trench to be compacted using materials
specified in Subsection A(1) 6f~:this Section shall be.com-
pacted in accordance, with.the,requirements of Subsection
A(2) above shown. ackfill for the.remainder of the trench
shall be compacted to not less than ninety-five (.95%)
percent of the theoretical laboratory density as determined
by AASHTO T-99. The amount of water used for compacting
the remaining trench soils shall be not less than two (2%)
percent dry of optimum for more than optimum moisture.
Field densities shall be determined:.by,-approved methods.
All sodded, landscaped or grassed areas shall be restored
to the original condition. Before sod replacement is.:: -
accomplished the trench shall be crowned sufficiently to
allow for natural subsidence.
3. Where "narrow trenches" (less than 6" in top width)
are excavated to shallow depths.(less than 48") by means
of conventional ditching machines in areas outside.-the
road bed prism and/or paved areas for purpose of installing
direct burial cables or conduit such'-as telemetry lines,
television cables, telephone lines or electrical lighting
circuts, backfilling requirements as&called for above may
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be waived-in lieu of the following:
(a)"narrow trenches" shall be-uniformly backfilled
with suitable.excavated material or other approved ma-
terials. Specialized'compaction requirements will not
be applied provided that the width,of the trench does
not exceed six(6")inches. The-backfilled"narrow
trench" shall be satisfactorily crowned to allow for
natural subsidence. The over filled trench shall be so
completed that surface water runoff is neither inter-
rupted nor ponded and drainage routes remain unaffected.
D. Quality control of compaction will be monitored by
the Town Engineer. If, in the opinion of the Town Engineer, and
based on results of a standard compaction test, the specified
compaction is not being achieved, the Town Engineer may direct that
the Permittee furnish compaction testing for backfill as follows:
1.. When directed by the Town Engineer, the Permittee
shall, except as hereinafter specified for minor projects
involving less then one-hundred(100)linear feet trench,
make arrangements for a Soils.Engineer or Testing Lab-
oratory to perform specified compaction tests. -The Soils
Engineer Pr Testing Laboratory shall be approved by the
Town Engineer.
2. When said compaction tests are requred by. the Town
Engineer, at least one(1)compaction test shall be taken
on each compacted layer of backfill in each one-hundred-
(100)linear feet or fraction thereof of trench. Any
area not meeting,the minimum density.requirements shall
be recompacted and retested until density requirements
are met.
3. Where the total_project:len_gth involves,=less than
.one-hundred(100)linear feet of trench, the Town Engi-
neer may assume responsibility for monitoring quality
control of the compactive effort. In the event of "failing
tests" which evidence insufficient compaction, the area
not meeting the minimum density requirements shall be
recompacted and retested until density requirements are
met. All costs for all failing tests shall be additionally
charged by the Town to the Permittee, not as a penalty,.
but as compensation for added expenses incurred for addi_,
tional testing. Otherwise, the'Town Engineer may direct
that the Permittee follow procedures as set forth above
in Subsection D (1) and D(2).
4. A report.of any required tests performed by a Soils
Eningeer or Testing Laboratory shall be provided to the
Town Engineer within seven(7)days of the completion
of said tests. The report shall show the location, depth,
and results~of all compaction tests and the method used to
evaluate the field density of the soil backfill. No
repaving operations ahall commence until said compaction
tests report-has been reviewed and approved by the Town
Engineer. If the Town Engineer does not respond within
fifteen(15)days of the date of receipt of the report,,
the Permittee may proceed as though the Engineer had
reviewed and approved said test report, but no waiver of -
the Permittee's quaranty of the work perfomred is granted.
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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 be 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 sub-
mitted by the permittee satisfactory to the Building Administrator
that the settlement was not due to defective backfilling. Failure
to backfill prpperly 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 Admin-
istrator 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.
E. In no case shall any opening made by a permittee
be considered in the charge or care of the Town or any of its
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. Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of
a violation of this Ordinance, and any such person, firm or cor-
poration shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation is com-
mitted, 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 $300.00 or by imprisonment for not more
than 90 days, or by both such fine and imprisonment.
Section 32. 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, irrespec-
tive of the fact that any one or more parts, sections subsections,
sentences, clauses or phrases be declared to be invalid.
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INTRODUCED, PASSED ON FIRS ADING, APPROVED AND ORDERED
POSTED, thisday of 1981 and a public hearing on this
ordinance shal~be held at the re lar me t'ng of the Town Coun it
of the Town of Avon, Colorado, on the_day of -?v 1981
at 7:30 P.M. in the Municipal Offices of the Town.
z T ST:
1. 1.
Town Clerk
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED
PUBLISHED THIS $ L~R. DAY OF Q , 1981.
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V .
e V. Alpi or
ATTEST:
own Clerk
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
•
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 24th DAY OF
MARCH, 1981 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO.#81-3, SERIES OF 1981:
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 79-10, SERIES
OF 1979, REGULATING WORK WITHIN THE PUBLIC WAYS 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; AND AUTHORIZING CHANGE AND AMENDMENTS
THERETO 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 2nd day of March, 1981.
TOWN OF AVON, COLO
Town C
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON 2nd day of March, 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