Work Performed Within the Public Right of Way - 12.04

12.04.001 Permits

Permits to perform any specific work within the public rights-of-way in the Town must be obtained in writing by a contractor or his authorized agent on blanks provided for the purpose by the Town manager. No permit is legal until the signature of the Town manager has been affixed to it. No work shall be commenced or be continued unless the permit is posted by or in the possession of the permittee or his agent at the location of the work. The fee, if any, for such permit shall be established by resolution of the Town council.

12.04.002 Cash guarantee

Before a permit is issued for any work within the public right of way that may result in damage to public facilities and/or requires the restoration thereof, the applicant shall submit a cash guarantee to the Town in an amount determined according to a schedule approved by resolution of the Town council. If such cash guarantee is insufficient for such repairs and/or restoration, the applicant shall provide an additional sum as requested by the Town manager. If the applicant makes such repairs and/or restoration in a manner satisfactory to the Town manager, such cash guarantee shall be returned to him. If he fails to make such repairs and/or restoration in a manner satisfactory to the Town manager, the Town shall make such repairs and/or restoration and shall retain such cash guarantee.

12.04.003 Insurance

The contractor applying for a permit shall furnish to the Town a valid insurance certificate completed by his agent or insurer for at least the amounts described as follows: liability with bodily injury limits of fifty thousand dollars ($50,000) each person, one hundred thousand dollars ($100,000) each accident, with property damage limits of ten thousand dollars (10,000) each accident. The insurance shall cover the entire contract period as well as the maintenance period and in the event that the insurance expires during this time the contractor shall furnish the Town with a renewal certificate at least ten (10) days prior to its expiration or any permits issued pursuant to it shall be null and void. The property damage insurance shall specifically cover damage to underground pipes and conduits damaged while using mechanical equipment to excavate in the public right-of-way. In the event that a permittee shall fail to renew an insurance policy, which expires during the maintenance period, the Town manager may renew the policy after written notice to the permittee and to his surety company and upon their failure to furnish a renewal certificate, charge the cost thereof to the surety company.

12.04.004 Business address

The applicant for a permit shall file with the Town manager his business address, and shall notify that office promptly of any change therein. Any orders or notices which the Town manager may have to give to the applicant, if mailed to their address filed, shall be considered as due notice delivered to him personally and shall relieve the Town of further obligation in the matter.

12.04.005 All work to be done by permitted contractors

No one but a contractor, to whom a permit has been issued by the Town manager as herein provided, will be allowed to do any work upon any public right-of-way in the Town, but this rule shall not prevent the making without such permit of temporary or minor repairs by the owner of the abutting property, or such owner’s agent.

12.04.006 Permit not transferable

No contractor or abutting property owner shall allow his name to be used by any other person or party either for the purpose of obtaining permits.

12.04.007 None but competent men to be employed

No contractor shall employ any person under his permit who, in the opinion of the Town manager, has shown himself incompetent to perform such work as he is expected to do, after receiving notice from the Town manager of such an opinion.

12.04.008 Line and grade
  1. Notice must be given at the office of the Town manager not less than seventy-two (72) hours before starting any work for which line, grade, or any other pertinent information is required. Where such information is not required, the terms of Section 12.04.009 Notice before starting work of this Chapter shall prevail.
  2. No permittee shall commence work on a public right-of-way until such line and grade has been marked. Should any stakes or marks be moved or lost, the permittee shall not proceed without them but shall notify the Town manager and request their replacement. If at any time doubt exists in the mind of the permittee about the correctness of any such mark or stake, he must call for a verification of these points, as any work which is not true to line and grade will be ordered removed and replaced to the proper line and grade at the expense of the permittee.
12.04.009 Notice before starting work

Notice of starting work under permit must be given to the Town manager as far in advance of the starting as possible.

12.04.010 Correcting unsatisfactory work
  1. The Town manager is empowered to inspect, or cause to have inspected, at any time, any or all work being performed under a permit issued to work within the public rights-of-way.
  2. If, in the opinion of the Town manager, the work being performed does not meet with specifications and conditions laid upon it, the permittee shall be required to correct such condition, commencing work within twenty-four (24) hours of notification to make such correction unless a longer period of time is granted by the Town manager.
  3. Work that has been completed and from which all men, equipment, and material have been removed will be subject to the same conditions as those cited in subsection B of this section with the exception that a five (5) day time limit will be imposed for commencement of rework unless a longer period of time is authorized by the Town manager.
  4. If the permittee fails to comply with the requirements of this section, the Town manager may cause such work to be done and the permittee shall be liable for the full expense of such work, such expense to be paid within thirty (30) days of billing.
12.04.011 Period of responsibility

Unless the period of responsibility is waived, in whole or in part by the Town manager, the permittee will guarantee his work for a period of one year from date of completion of the work. During this guarantee period the insurance as herein provided shall remain in full force and effect. Completion of said work refers to the completion of any permanent pavement replacement.

12.04.012 Public rights-of-way defined

The public rights-of-way shall not only be the area between street lines along Town roads that have been formally accepted by the Town or established through adverse public use but also any public right-of-way as shown on a map of an approved subdivision, whether or not the roads within the subdivision have yet been accepted by the Town. For the purpose of this Chapter public rights of way shall be deemed to include utility or drainage easements whether accepted formally by the Town or established through adverse public use.

12.04.013 Damage to public facilities

As a condition of the issuance of any permit, a permitted contractor or his authorized agent or a public service company or government agency to whom a permit is issued, shall be held responsible for any damage to and repair of any public facility, structure, improvement, whether underground or not, and such permit shall contain a provision providing for inspection and other on-site assistance by the Town in the case of excavation whereby the permittee agrees to procedures and methods required by the Town to protect underground facilities. Failure on the part of the permittee to adhere to such procedures and methods and any conditions established in the permit shall relieve the Town of any and all liability in case of damage to such underground facilities or any loss for damage to property, personal injury, death, or other costs and shall be prima facie evidence and proof of negligence on the part of the permittee.

12.04.014 Exceptions to foregoing rules
  1. The Town manager may waive all requirements concerning insurance and cash guarantee in case of any governmental agency or public service company. Nothing herein contained, however, shall be deemed to waive permits.
  2. None of the foregoing provisions of these regulations shall apply to any work performed in connection with the maintenance, repair, replacement or relocation of existing utility poles owned by any public service company nor to the erection of any temporary protective warning signs or devices.
  3. Nothing in these regulations shall be construed to prevent the making of any necessary excavation or the performance of any work related thereto by any public service company in the event of emergency.
  4. The Town manager may waive requirements concerning cash guarantee, insurance, or all of them, in case of a property owner wishing to perform work within the public rights-of-way fronting his own property, provided that the property owner submits evidence of his ability to perform the work, obtains a permit, and abides by all other rules and regulations of this Chapter.
  5. None of these exceptions shall be construed to apply to any contractor working for or hired by any public service company, governmental agency, other than the Town, or property owner, except in a case of emergency.
  6. None of the foregoing provisions shall apply to the grading and improvements and utilities and services in connection with any approved subdivision plan provided that the subdivider has filed with the Town a surety company bond or cash bond or savings account assignment securing to the Town the actual construction and installation of such improvements and utilities as required in the subdivision and resubdivision regulations of the Town.
  7. None of the foregoing provisions shall apply to any work performed by a contractor employed by the Town provided that the contract for such work requires a bond, insurance, materials specifications, and work standards and procedures equal to or better than those provided herein.

 

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Article II. Excavating in Street

12.04.021 Permits--To whom issued

No person other than a contractor will be issued a permit to excavate within the public rights-of-way of the Town.

12.04.022 Notification of police and fire departments

The contractor shall notify the police department and the fire department twenty-four (24) hours in advance of making an excavation, which requires blocking more than fifty percent (50%) of the width of the street. The fire department shall be notified through its fire chief.

12.04.023 Tunneling and bracing

Excavations shall be made in open cuts and no tunneling will be allowed except by special permission of the Town manager and under such additional conditions as he may impose. Trenches shall be braced and sheeted whenever in the opinion of the Town manager such bracing and sheeting is necessary.

12.04.024 Maximum width of cut

No contractor shall make a trench cut of over thirty (30) inches width without first obtaining special permission from the Town manager.

12.04.025 Public safeguard

All excavated material shall be compactly piled and not interfere with public travel more than necessary. Suitable barricades must be provided, and warning lights kept burning between sunset and sunrise. If the location and extent of work is such that a traffic director is required in the opinion of the Town manager, such director shall be provided by the contractor at his cost.

12.04.026 Backfill of trenches

The backfill in trenches within the roadway limits and paved areas shall be placed in layers not more than twelve (12) inches thick and shall be thoroughly compacted by mechanical tamping to the satisfaction of the Town manager. The materials used for backfill shall be subject to the inspection and approval of the Town manager, and, if, in his opinion, the excavated material is unsuitable for backfill, the contractor shall dispose of the unsuitable material and substitute approved sand, gravel or other material in the amounts and proportions specified by the Town manager. When the backfill has been completed within thirteen (13) inches of the finished pavement or surface grade, the next twelve (12) inches shall be filled and compacted using an approved grade of bank-run or processed gravel as specified in Article XI Materials Specifications of this Chapter. The last two (2) inches will be covered by any type of bituminous mix capable of holding the surface during the maintenance period.

12.04.027 Maintenance

Upon completion of the trench backfill and temporary treatment, the contractor will be required to maintain the trench for at least one (1) year period. During this period the contractor shall inspect the trench at such regular intervals as may be necessary to maintain the trench in satisfactory condition. The contractor shall make necessary repairs to maintain the trench in satisfactory condition, and in the event that the contractor fails to make such repairs, the Town may make such repairs as are deemed necessary and the contractor shall pay the cost of this work. Failure on the part of the Town to give notice that repairs are needed shall not relieve the contractor of any of the duties set forth herein.

12.04.028 Pavement replacement

At the end of the one (1) year maintenance period or later if cold weather conditions so warrant, the contractor shall restore the surface; and in the case of paved streets, make a permanent pavement replacement. Unless otherwise instructed by the Town manager, a permanent pavement replacement shall be as follows:

  1. The old pavement in the trench area shall be cut by use of either a pavement saw or compressed air pavement breaker. The pavement must be cut a minimum of six (6) inches beyond all excavated areas and more than six (6) inches if directed by the Town. Pavement cuts for installation of a permanent patch must be made so as to eliminate numerous jagged edges and a straight line along both edges of the trench is to be maintained.
  2. The trench area must be excavated to a depth of ten (10) inches. Eight (8) inches of processed stone or processed gravel must be installed and compacted either with a roller of not less than five (5) tons or a power tamper.
  3. The area immediately adjacent to the edge of the trench must be swept clean so that no loose sand, temporary patch, or other debris remains.
  4. A hot patch material must be placed over the processed gravel or stone so that after compaction a depth of not less than two (2) inches is in place. The material must be so installed that the original cross-slope of the road is maintained.
  5. All joints must be sealed with a bituminous joint sealer.
  6. If, as a result of the contract work performed under the permit which this agreement specifically pertains to, the pavement outside of the trench area or the shoulders of the road are damaged as a result of this work or the detouring of traffic within the area covered by the permit, these damaged areas must also be repaired to the satisfaction of the Town manager. If the unpaved shoulder is damaged, it will be restored to the condition, which existed prior to the beginning of the work. If the area was grassed, it will be reloamed and reseeded; otherwise it must be regraded with processed gravel.
  7. If the street in which the excavation is made is a bituminous macadam penetration pavement, the town manager reserves the right in lieu of the hot mix pavement referred to in subsection 4 of this Section to require a new two-and-one-half (2 ½) inch penetration pavement to be installed.
  8. If the street in which the excavation is made is a concrete pavement, the Town manager reserves the right in lieu of the hot mix pavement referred to in subsection 4 of this Section to require a new concrete pavement to be installed.
  9. The Town manager reserves the right to require the contractor to pay to the Town, in lieu of installing a permanent pavement replacement as stipulated in this agreement, a cash payment based on a current unit price per square yard of trench area including the cutback area referred to in subsection 2 of this section. The Town manager and the contractor will measure the trench area, but the final decision as to the area in square yards will rest with the former.
  10. Materials used in the permanent pavement replacement shall be in conformance with the specifications set forth in Article XI Materials Specifications of this Chapter.

 

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Article III. Driveways

12.04.041 Permits--To whom issued

No person other than a contractor will be issued a permit to construct, surface, or resurface a driveway, paved or otherwise, within the public rights-of-way of the Town.

12.04.042 Grade

After obtaining a permit and before commencing operations in the public right-of-way, the contractor shall establish a grade line, which shall be subject to the approval of the Town manager.

12.04.043 Width

No private driveway of over twelve (12) feet in width shall be permitted without approval from the town manager. No public or commercial driveway of over thirty (30) feet in width shall be permitted without special approval from the Town manager.

12.04.044 Distance from crosswalk

No driveway shall be authorized within four (4) feet of a regularly constituted crosswalk.

12.04.045 Number and separation distance

Approval must be obtained from the Town manager to install more than two (2) driveways on one piece of property. Under no circumstances shall the Town manager two driveways either on the same or joining property closer than eight (8) feet at the gutter line.

12.04.063 Location of connection

The exact point at which a permittee may tie into a public storm drain system shall be determined by the Town manager. This information shall be obtained by the permittee after a permit has been issued and before work commences in the public right-of-way. In all cases where the grade allows and the drain is to be connected to an underground storm drain pipe, the connection shall be made from the top of the storm drainpipe.

12.04.046 Location of driveway

No driveway shall be authorized within twenty (20) feet of a street intersection.

12.04.047 Extent of driveway

No driveway apron shall extend into the street further than the gutter line unless a culvert is placed under the driveway as herein provided.

12.04.048 Drainage

Where, in the opinion of the Town manager, drainage conditions require a culvert, such culvert shall be installed under the driveway at the expense of the contractor. Such culvert pipe shall conform to the specifications as outlined in Article XI Materials Specifications of this Chapter. The culvert shall extend a minimum of two (2) feet beyond each edge of the basic width of the driveway, and in no case shall it be less than twelve (12) feet in length. The top side of the pipe shall be no closer than four (4) inches from the surface of the driveway. Where driveways interfere with drainage of the street, as in the moving or removal of catch basins, permission shall be granted only when such change is made with the approval of the Town manager and according to plans prepared by a competent engineer at the expense of the contractor.

12.04.049 Removal of trees

The removal of large trees within public rights-of-way shall be carefully avoided and plans shall be made to install driveways in such a manner that the removal of such trees may be avoided. If its is absolutely necessary to remove such a tree, in the opinion of the Town manager, the contractor shall conform to all rules as set forth in Article VI Removal of Trees of this Chapter.

 

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Article V. Drainage Connections

12.04.061 Permits--To whom issued

No person other than a contractor will be issued a permit by the Town manager to do any type of surface or cellar drainage work, which connects into the Town storm drainage system, either surface or underground.

12.04.062 Waiver of claim

No permits will be issued until the property owner has signed a waiver of claim on forms provided by the Town manager, relieving the Town of all responsibility for any damage resulting from the connection, specifically relinquishing any claim the property owner may otherwise have against the Town caused by the backing up of surface water through the storm drain system.

12.04.064 Street excavations

If it is necessary to cut the street pavement to make a connection, the backfill and resurfacing will conform to all specifications and regulations as outlined in Article II.

12.04.065 Drains prohibited

No person shall lay, or construct, or open, or maintain any drain or conductor pipe in such a manner that the water from the same if discharged upon any sidewalk, street, or highway of the Town, or other public place in the Town, so as to create a hazardous condition or other public nuisance.

12.04.066 Noncompliance of property owner
  1. Any person who makes any connection into the Town drainage system without a permit is in violation of this chapter.
  2. Any connection made not in compliance with the terms of this chapter shall be corrected within ten (10) days after receiving written notice from the town manager to correct such connection. If such correction is not made within ten (10) days of notification, the change may be made by the Town public works department, the cost of which shall be billed against the owner of the property, and if not thereafter paid, may be collected by the Town by civil action.

 

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Article VI. Removal of Trees

12.04.081 Permits--To whom issued

No person other than a contractor shall be issued a permit to remove or trim trees within the public rights-of-way of the Town. Trees may be removed or trimmed by the public works department of the Town or contractors under its supervision and in its employ, without a permit.

12.04.082 Responsibility

Any tree in the public way to be removed or trimmed must be approved on an individual basis by the Town manager. The Town manager at that time will also decide whether such work will be at the expense of the Town or at the expense of any individual or company requesting such work. In general, any trees removed or trimmed for public safety or due to the condition of the tree will be at the expense of the Town, whereas trees removed or trimmed for the convenience of individuals or companies will be at the expense of that individual or company.

12.04.083 Public safeguards

All possible precautions will be taken to protect the public from harm due to falling limbs, etc., particularly in the placing of warning signs during the day and the use of lights at night on fallen sections lying in the public way.

12.04.084 Disposition of trees, limbs, and branches

Any tree cut in the public right-of-way, whether by licensed contractors or Town agencies shall be carted away and disposed of. The area of the work shall be left clean and neat.

12.04.085 Sight lines

No person shall plant, maintain or cause to be placed any tree, shrub, bush, or other planting in such a location within the public rights-of-way so as to interfere with proper sight lines for vehicular and pedestrian traffic. Any such planting which in the opinion of the Town manager causes a hazard shall be removed by the property owner within ten (10) days from receipt of notice from the manager. If such planting is not removed within the ten (10) days the public works department may remove such planting, the cost of which shall be billed against the property owner, and, if not thereafter paid, may be collected by the Town in a civil action.

 

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Article VII. Sidewalks

12.04.101 Permits-To whom issued

No person other than a contractor will be issued a permit to construct, repair, or replace a sidewalk within the public rights-of-way of the Town.

12.04.102 Specifications

After obtaining a permit and before commencing operations, specifications must be obtained from the Town manager and all work must be performed in strict conformity to these specifications, which shall designate the location, types of materials, width, and thickness of the sidewalk, and methods of construction.

12.04.103 Grade

After obtaining a permit and before commencing operations in the public right-of-way, the contractor shall establish a grade line, which shall be subject to the approval of the Town manager, provided that no grade line shall be necessary where minor repairs or slab replacement is performed.

12.04.104 Inspection and supervision

All phases of the work involved in the construction or replacement of the sidewalk shall be subject to the inspection and supervision of the Town manager. Each stage of the construction must be inspected before the next stage is started.

 

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Article VIII. Curbs

12.04.121 Permits--To whom issued

No person other than a contractor shall be issued a permit to construct, rebuild, or replace a bituminous concrete or concrete curb within the public rights-of-way of the Town.

12.04.122 Grade and lines

After obtaining a permit and before commencing operations in the public right-of-way, the contractor shall establish lines and grades, which shall be subject to the approval of the Town manager.

12.04.123 Bituminous curbs

The curb foundation or mat shall be thirty inches wide, one course bituminous concrete two (2) inches thick after compaction over a six (6) inch gravel base mechanically tamped or rolled. Bituminous materials shall meet specifications as stated in Article XI Materials Specifications of this Chapter.

12.04.124 Concrete curbs

Curbing may be poured separately as in the case of a slump curb or may be poured as a monolithic curb, gutter, and sidewalk per specifications established by the Town manager. Concrete materials shall meet specifications as stated in Article XI Materials Specifications.

12.04.125 Existing curbs and gutters

Whenever an existing curb and gutter conforms to the grade line and property line standards within a block, all curbs and gutters thereafter installed, laid, or constructed shall conform in style to the existing curbs and gutters within that block.

12.04.126 Backfill

After installation of a bituminous curb or a concrete curb not poured as a monolithic curb, gutter, and sidewalk, the contractor shall backfill the curb with a suitable material in order to strength the curb and prevent washouts and other damage.

12.04.127 Protection of curb

Wherever a contractor or person is performing work that requires the moving of heavy equipment over a curb, he shall take adequate steps to bridge, plank, or otherwise protect the curb from damage.

12.04.128 Damage

It shall be a violation of this Chapter to crack, break, remove or damage any existing curb or driveway ramp unless a permit has been issued in accordance with the provisions of this article.

12.04.129 Redress

If a curb is unlawfully damaged by any contractor or person, the town shall give notice to the contractor or person that such curb must be repaired or replaced to the satisfaction of the Town manager. If such repair or replacement is not carried out within five (5) days from the mailing of the notice, the Town manager may cause such work to be performed, and the contractor or person shall be liable for the full expense of such work, such expense to be paid within thirty (30) days of billing, and if not thereafter paid, may be collected by the Town by civil action.

 

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Article IX. Fences

12.04.141 Permits--To whom issued

No person other than a contractor will be issued a permit to remove, cut, drop, relocate or otherwise perform work on cable, wood, stone, wire, chain link or other fences constructed or maintained by the Town within the public rights-of-way.

12.04.142 Replacement and repair

Any person who obtains a permit for performing work on any such fence owned by the Town shall replace or repair the fence to the satisfaction of the Town.

12.04.143 Private fences

No person shall be permitted to install, build, or locate a fence or structure within the public rights-of-way except with the written permission of the Town manager and subject to such conditions as said manager may impose.

 

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Article X. Building Sewers

12.04.150 Permits--To whom Issued

No person other than a contractor will be issued a permit to connect a building sewer to a public wastewater collection line. No permits shall be issued for the connection of a building sewer to a private wastewater collection line not accepted by the Town.

12.04.151 Independent connections

For each building or property under separate ownership or capable of being subdivided there shall be a single and independent building sewer connected to the public wastewater collection line except as may be specifically authorized otherwise by the Town council.

12.04.152 Inspection and Supervision

All phases of the work involved in the installation and connection of a building sewer to a public wastewater collection line shall be inspected by the Town manager to assure conformance by the contractor with standard specifications established by the Town. 12.04.153 Costs and maintenance. All costs of the installation and connection of a building sewer to the public wastewater collection line shall be borne by the owner of the property served by the building sewer. Maintenance and repair of the building sewer following installation shall be the responsibility of the owner.

12.04.154 Care to be taken

Any water, dirt, or debris which could obstruct or damage the public wastewater collection line shall be excluded from the public wastewater collection line and building sewer during installation of the building sewer and its connection to the public wastewater collection line.

12.04.155 Records of connection

The contractor shall prepare a record, including a sketch, showing the location of the building sewer where it connects to the public wastewater collection line, the depth of such building sewer, and the point where it connects to the building drain, including dimensional ties to property corners or other permanent features.

12.04.156 Street excavations

If it is necessary to cut the street pavement to make a connection of the building sewer to the public wastewater collection line, the backfill and resurfacing shall conform to all specifications and regulations as outlined in Article II Excavating in Street of this Chapter.

 

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Article XI. Materials Specifications

12.04.161 State highway standards

Materials specifications for aggregates, bituminous materials, and portland cement concrete, and the applications thereof as provided in this chapter, shall be in accordance with the Standards Specifications for Road and Bridge Construction, State Department of Highways, Division of Highways, State of Colorado, 1981, as amended.

12.04.162 Additional specifications

Additional specifications of material, construction methods and details of appurtenances shall be as established by the Town and shall be on file with the Town manager.