Work Performed Within the Public Right of Way - 12.04

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.