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EXCAVATION: Any opening in the surface of a public place made in any manner, except an opening into a lawful substructure below the surface of a public place, the top of which is flush with the adjoining surface and constructed to permit frequent openings without injury or damage to the public place.
EXCAVATOR: One holding a license and permit under this part, and those departments of the City doing excavations under this part, or an agent, employee or contractor working for, or under, one holding a license and/or permit.
FACILITY: Includes, but is not limited to, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, poleline, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place or right of way.
PUBLIC PLACE: Any public right of way, utility easement, drainage structure, street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the City or Utilities and dedicated to public use, including the location of any electric or gas service line whether on public or private property. This shall include dedicated but not improved streets in new subdivisions.
SUBSTRUCTURE: Any pipe, conduit, duct, tunnel, manhole, traffic detector loop, vault, buried cable or wire or any other similar structure located on or below the surface of any public place.
UTILITY: Any public or private business or service, regularly engaged in supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation or communication service including telephone, telegraph and cable television. (1968 Code §10-108; Ord. 74-56; Ord. 85-214; Ord. 98-185; Ord. 01-42)
No person shall make any excavation or fill any excavation in any public place without first obtaining a license and permit for the excavation except as otherwise provided in this article. No license or permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this part.
This section shall not be construed to prevent emergency excavations necessary for the preservation of life or property or for the location of a hazardous condition in a facility, or for emergency repairs, provided that the person excavating applies for a permit on the first day after the work is commenced. Further, the City shall be exempt from the requirements of this section. (1968 Code §10-104; Ord. 74-56; Ord. 85-214; Ord. 98-185; Ord. 01-42)
A. Requirements: Any person desiring an excavation license shall submit an application on forms provided by the City Clerk's Office in accord with the City's General Licensing Code. All applications for an excavation license shall contain those matters required by section 2.1.403 of the City Code. The license shall be issued by the City Clerk upon payment of all application and license fees, submission of a certificate of completion indicating successful completion of the City’s Underground Damage Prevention Safety Class, and compliance with the provisions of this part and the General Licensing Code. Fees for excavation licenses shall be as established by City Council under chapter 2, article 1, part 5 of the City Code. All excavation licenses issued shall, unless sooner suspended or revoked, expire one year from the date of issuance. A license may be renewed no later than thirty (30) days after the expiration upon payment of the required fees. The City Clerk shall keep a record of all licenses issued.
B. Surety Bond: Before an excavation license is issued, the applicant shall file with the City Clerk a five thousand dollar ($5,000.00) surety bond in a form approved by the City Attorney. The bond shall ensure that the excavator will properly backfill and maintain any excavation made by the excavator for a period of one year and that the excavator shall promptly pay for any charges billed to the excavator by the City for permanent resurfacing of the excavation, replacement of traffic detector loops or pavement markings or other work necessary to restore the public property.
C. Proof Of Insurance: No license shall be issued or renewed until the applicant furnishes evidence of current commercial general liability insurance. The following insurance coverage shall require limits not less than those specified in the name of the licensee:
One million dollars ($1,000,000.00) combined single limit for bodily injury and property damage for each occurrence.
D. Reduction Or Cancellation Of Policy; Notification Required; Suspension: Each insurance policy required shall not be reduced, suspended, voided or canceled except after prior written notice has been given to the City. Such notice shall be sent directly to the Deputy Licensing Officer, City Clerk's Office, 30 S. Nevada Avenue, Suite 101, Colorado Springs, CO 80903. If any insurance company refuses to provide the required notice, the licensee or its insurance broker shall notify the City of any reduction, suspension, voiding, cancellation, or nonrenewal of any insurance upon receipt of an insurer's notification to that effect. The suspension, voiding, nonrenewal, cancellation or reduction of insurance coverage shall be cause for automatic suspension of the license until the coverage shall be reinstated. All policies shall be kept in force and effect for the term of the license.
E. Stop Work Orders; License Suspension Or Revocation:
1. In addition to any other remedies or actions permitted by law, the City Engineer may order an excavator to stop work if the following conditions are observed:
a. The excavator fails to obtain a location and injures or damages persons or property;
b. The excavator fails to place and maintain barriers, warning devices or routing signs necessary for safety as specified by the "Manual On Uniform Traffic Control Devices (MUTCD)";
c. The excavator's conduct constitutes an immediate hazard to the public health, safety and general welfare sufficient to rise to the level of an emergency.
2. In addition to any other remedies or actions permitted by law, the Deputy Licensing Officer may issue cease and desist orders or initiate license suspension or revocation proceedings under the provisions of chapter 2, article 1, part 8 of the City Code against any excavator for a violation of the provisions of this chapter or of the City's General Licensing Code. (1968 Code §§10-105, 10-106; Ord. 74-56; Ord. 85-214; Ord. 01-42; Ord. 14-80; Ord. 20-69 1 )
Notes
| 1 | 1. January 1, 2021 is the effective date of Ordinance 20-69. |
A. In addition to the other requirements of this part, no person shall proceed to make or fill any excavation without first obtaining an excavation permit from the City Engineer. The written application for an excavation permit shall state the applicant's name, address, phone number and principal place of business, the location and dimensions of the installation or removal, the approximate size of the excavation to be made, the purpose of the facility, the approximate time which will be required to complete the work including backfilling the excavation and removing all obstructions, material and debris, and the other pertinent information deemed necessary by the City Engineer. The application shall be submitted to the City Engineer and if approved, the City Engineer may order the issuance of the excavation permit. The City Engineer shall keep records of all excavation permits issued for one year after issuance.
If the excavation is within three hundred fifty feet (350') of a signalized intersection, the application must also be reviewed by the traffic engineering division.
B. An excavation permit shall not be required for excavations in streets the City has not accepted for maintenance, unless within three hundred fifty feet (350') of a signalized intersection. An excavation permit shall be required for a plumber licensed in accord with this Code when the plumber is installing water, wastewater or gas service lines from a private property line to a structure on the property.
C. The City Engineer shall make reasonably necessary inspections to enforce this part and may charge appropriate inspection fees, boring fees, and permit fees.
D. The Manager may charge appropriate fees for pavement degradation. (1968 Code §10-107; Ord. 74-56; Ord. 85-214; Ord. 98-228; Ord. 01-42; Ord. 02-29; Ord. 02-43)
A. Within two (2) business days after the day a licensed excavator gives notice of intent to excavate, the City shall advise the excavator of the location and size of underground facilities in the proposed excavation area by marking the location of the facilities by clearly identifiable markings within eighteen inches (18") horizontally from the exterior sides of the facilities together with the depth, if known. Nothing herein shall be deemed as waiving the City's immunities provided under the Governmental Immunity Act or other State law.
B. If the information in subsection A of this section is not provided within two (2) business days or at another time as agreed between the City and excavator, or if the information provided fails to identify the facilities in accord with subsection A of this section, the excavator may proceed except as otherwise provided by law or regulation.
C. When possible and without assuming any additional liability for its actions, the City may assist the excavator in exposing underground facilities and locating privately owned gas, electric, water and wastewater service lines running from the main line to individual structures on private property.
D. Nothing in this section shall relieve the excavator of its responsibility to locate utilities prior to excavation in accord with Colorado Revised Statutes section 9-1.5-101 et seq. (Ord. 85-214; Ord. 01-42; Ord. 03-72)
Except as otherwise provided, all groups, departments and enterprises of the City, except the street and traffic engineering units, shall procure permits before making any excavation in any street, avenue or alley of the City. When an excavation is begun or made due to an emergency by a unit or department, it shall be that unit's or department's duty, as soon as practicable after beginning excavation, to report the excavation to the City Engineer and obtain a permit covering the work done and to be done. The City Engineer shall have the authority, when deemed advisable, to designate a person or persons in the group, department or enterprise doing the excavating to act as inspector or inspectors over excavations made by the group, department or enterprise. Departments doing the excavation shall comply with all provisions of this part relating to excavations and the manner of taking care of and filling the same, unless otherwise provided in writing by the City Engineer. (1968 Code §10-118.3; Ord. 74-56; Ord. 85-214; Ord. 01-42)
A. All excavators shall at all times, and at their own expense, preserve and protect from injury to adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of the property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the excavator shall obtain written permission from the owner of the private property prior to entering.
B. The excavator shall, at its own expense, shore up and protect all buildings, walls, fences, utility lines or other property that may be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out the work. Whenever it may be necessary for the excavator to trench through any lawn area, the area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before the work began.
C. The excavator shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate City department or official having control of the property and the City Forester.
D. Nothing in this part shall be construed as a waiver of the City's immunities under the Governmental Immunity Act or other law. (1968 Code §10-109; Ord. 74-56; Ord. 85-214; Ord. 01-42)
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in a manner as not to endanger pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as in a narrow alley, or where a dangerous condition may be created, the City Engineer shall have the authority to require that the excavator haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the excavator's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. Proper barricading shall be set up and maintained in accord with the latest edition of the MUTCD.
All material excavated shall be laid compactly along the side of the trench and kept trimmed to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the City Engineer. Whenever necessary to expedite the flow of traffic or to abate the dirt or dust nuisance, tow boards or binds may be required by the City Engineer.
The maximum length of open trench permissible at any time shall be not more than five hundred (500) linear feet or no more than one block, but in any case, no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the prior written permission of the City Engineer. (1968 Code §10-110; Ord. 74-56; Ord. 85-214; Ord. 01-42)
A. The excavator shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot (1') in width from the face of the curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.
B. The excavator shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from slicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
C. 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, traffic signal controllers, valve housing structures and all other vital equipment as designated by the City. (1968 Code §10-111; Ord. 74-56; Ord. 85-214; Ord. 01-42)
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