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This chapter provides principles, procedures and associated funding for the placement of structures and facilities, construction excavation encroachments and work activities within or upon any public right- of-way and to protect the integrity of the road system. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way, to establish permit procedures and to fix and collect fees and charges.
(Prior Code, § 165.1.1) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Public and private uses of public rights-of-way for location of facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the town must ensure that the primary purpose of the right-of-way, passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, facilities and properties should be protected, competing uses must be reconciled and the public safety preserved. The use of the right-of-way corridors by other users is secondary to these public objectives and the movement of traffic. This code is intended to strike a balance between the public need for efficient, safe transportation routes and the use of rights-of-way for location of facilities by public and private entities.
(B) It, thus, has several objectives:
(1) To ensure that the public safety is maintained and that public inconvenience is minimized;
(2) To protect the town’s infrastructure investment by establishing repair standards for the pavement, facilities and property in the public rights-of-way, when work is accomplished;
(3) To facilitate work within the rights-of-way through the standardization of regulations;
(4) To maintain an efficient permit process;
(5) To conserve and fairly apportion the limited physical capacity of the public rights-of-way held in public trust by the town;
(6) To establish a public policy for enabling the town to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development;
(7) To promote cooperation among the permittees (as defined herein) and the town in the occupation of the public rights-of-way, and work therein, in order to:
(a) Eliminate duplication that is wasteful, unnecessary or unsightly;
(b) Lower the permittee’s and the town’s costs of providing services to the public; and
(c) Minimize street cuts.
(8) To assure that the town can continue to fairly and responsibly protect the public health, safety and welfare.
(Prior Code, § 165.1.2) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
ACCESS VAULT. Any structure containing one or more ducts, conduits, manholes, handhole or other such facilities in the permittee’s facilities.
APPURTENANCES. Transformers, switching boxes, gas regulator stations, terminal boxes, meter cabinets, pedestals, junction boxes, handholes substations, system amplifiers, power supplies, pump stations, manholes, valves and valve housings and other devices that are necessary to the function of electric, communications, cable television, water, sewer, storm water, natural gas and other utilities and services.
CONTRACTOR. A person, partnership, corporation or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate or add to any improvements covered by this code, that requires work, workers and/or equipment to be in the public right-of-way in the process of performing the above named operations.
DEGRADATION. A decrease in the useful life of the right-of-way or damage to any landscaping within the rights-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the surface and/or subsurface structure of such right-of-way earlier than would be required if the excavation or disturbance did not occur.
DEVELOPER. The person, partnership, corporation or other legal entity who is improving a parcel of land within the town and who is legally responsible to the town for the construction of improvements within a subdivision or as a condition of a building permit.
DIRECTOR. The Town Manager of the town, or his or her authorized representative.
DUCT or CONDUIT. A single enclosed raceway for cables, fiber optics or other wires or a pipe or canal used to convey fluids or gases.
EMERGENCY. Any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged or leaking sewer or storm drain conduit systems, damaged electrical and communications facilities and advanced notice of needed repairs is impracticable under the circumstances.
EXCAVATE. To dig into or in any way remove or penetrate any part of a right-of-way.
FACILITIES. Including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennas, poles, street lights, ducts, fixtures and appurtenances and other like equipment used in connection with transmitting, receiving, distributing, offering and providing utility and other services.
FENCE. Any artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected to enclose partition, beautify, mark or screen areas of land.
INFRASTRUCTURE. Any public facility, system or improvement including, without limitation, water and sewer mains and appurtenances, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, sidewalks and public safety equipment.
LANDSCAPING. Materials, including, without limitation, grass, ground cover, shrubs, vines, hedges or trees and non-living natural materials commonly used in landscape development, a well as attendant irrigation systems.
PERMIT. Any authorization for use of the public rights-of-way granted in accordance with the terms of this chapter, and the laws and policies of the town.
PERMITTEE. The holder of a valid permit issued pursuant to this chapter.
PERSON. Any person, firm, partnership, special, metropolitan or general district, association, corporation, company or organization of any kind.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY or PUBLIC WAY. Any public street, way, place, alley, sidewalk, easement, park, square, plaza and town-owned right-of-way dedicated to public use.
ROUTINE MAINTENANCE. Any above ground activity that does not affect the surface of the right-of-way, nor affects the use of the right-of-way.
SPECIFICATIONS. Engineering regulations, construction specifications and design standards adopted by the town.
STRUCTURE. Anything constructed or erected with a fixed location below, on or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies and canopies.
SURPLUS DUCTS OR CONDUITS. Conduits or ducts other than those occupied by the permittee or any prior permittee, or unoccupied ducts held by the permittee as emergency use spares, or other unoccupied ducts that permittee reasonably expects to use within three years from the date of a request for use.
TOWN. The Town of Limon, Colorado.
WORK. Any labor performed on, or any use or storage of equipment or materials, including, but not limited to, construction of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus loading pads, street lights and traffic signal devices. It shall also mean construction, maintenance, and repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire or any other similar structure located below surface, and installation of overhead poles used for any purpose.
(Prior Code, § 165.2) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
The permittee’s rights hereunder are subject to the police powers of the town, which include the power to adopt and enforce codes and/or ordinances, including amendments to this code, necessary to the safety, health and welfare of the public. The permittee shall comply with all applicable laws, codes and ordinances enacted, or hereafter enacted, by the town or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The town reserves the right to exercise its police powers, notwithstanding anything in this code and the permit to the contrary. Any conflict between the provisions of the code, ordinances or the permit and any other present or future lawful exercise of the town’s police powers shall be resolved in favor of the latter.
(Prior Code, § 165.3) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Required. No person except an employee or official of the town or a person exempted by contract with the town shall undertake or permit to be undertaken any construction, excavation or work in the public rights-of-way without first obtaining a permit from the town as set forth in this chapter, except as provided in division (B) below and § 153.015 of this chapter. Each permit obtained, along with associated documents, shall be maintained on the job site and available for inspection upon request by any officer or employee of the town.
(B) Exemption. Work in state’s highway right-of-way shall be exempt from this requirement.
(C) Construction, excavation or work area. No permittee shall perform construction, excavation or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application. If, after construction, excavation or work is commenced under an approved permit, it becomes necessary to perform construction, excavation or work in a larger or different area than originally requested under the application or for a longer period of time, the permittee shall notify the Director immediately and within 24 hours shall file a supplementary application for the additional construction, excavation or work.
(D) Permit transferability or assignability. The applicant may subcontract the work to be performed under a permit; provided that, the permittee shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this code and agrees to be bound by all requirements of the permit and this code.
(E) Developer ownership of public infrastructure. In town, the physical construction of public infrastructure in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until acceptance by the town. Any developer of land where work is undertaken on infrastructure that is within a public right-of-way, but prior to acceptance by the town, shall obtain a permit from the town. The town will not accept public infrastructure improvements, where work performed is not in accordance with applicable town specifications and applicable provisions of this chapter.
(F) Ceasing activity. Any person or utility found to be conducting any excavation activity within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted. A surcharge to be set by Board of Trustees resolution shall be required in addition to all applicable permit fees.
(Prior Code, § 165.4) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) An applicant for a permit to allow construction, excavation or work in the public right-of-way under this section shall:
(1) File a written application on forms furnished by the town which include the following: the date of application; the name and address of the applicant; the name and address of the developer, contractor or subcontractor licensed to perform work in the public right-of-way; the exact location of the proposed construction, excavation or work activity; the type of existing public infrastructure (street pavement, curb and gutter, sidewalks or utilities) impacted by the construction, excavation or work; the purpose of the proposed construction, excavation or work; the dates for beginning and ending the proposed construction, excavation or work; proposed hours of work; itemization of the total cost of restoration, based upon R.S. Means Estimating Standards or at the discretion of the Director, other published street repair cost estimating standards; and type of work proposed;
(2) Include an affirmative statement that the applicant or its contractor is not delinquent in payments due the town on prior work;
(3) Attach copies of all permits or licenses (including required insurance, deposits, bonding, and warranties) required to do the proposed work, and to work in the public rights-of-way, if licenses or permits are required under the laws of the United States, the State of Colorado or codes, ordinances or regulations of the town. If relevant permits or licenses have been applied for, but not yet received, provide a written statement so indicating. Copies of any such permits or licenses shall be provided to the town within 48 hours after receipt;
(4) Provide a satisfactory plan of work acceptable to the Director showing protection of the subject property and adjacent properties;
(5) Provide a satisfactory plan for the protection of existing landscaping acceptable to the Director, when the town determines that damage may occur;
(6) Include a signed statement verifying that all orders issued by the town to the applicant, requiring the applicant to correct deficiencies under previous permits issued under this code, have been satisfied. This verification shall not apply to outstanding claims that are honestly and reasonably disputed claims by the applicant, if the applicant and the town are negotiating in good faith to resolve the dispute;
(7) Include with the application engineering construction drawings or site plans for the proposed construction, excavation or work;
(8) Include with the application a satisfactory traffic control, storm water management and erosion protection plan for the proposed construction, excavation or work;
(9) Include a statement indicating any proposed joint use or ownership of the facility; any known existing facility or permit of the applicant at this location; any known existing facility of others with which the proposed installations might conflict; and the name, address and telephone number of a representative of the applicant available to review proposed locations at the site; and
(10) Pay the fees prescribed by this code.
(B) Applicants shall update any new information on permit applications within ten days after any material change occurs.
(C) Applicants may apply jointly for permits to work in public rights-of-way at the same time and place. Applicants who apply jointly for permits may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay.
(Prior Code, § 165.5) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) (1) Before a permit is issued pursuant to this code, the applicant shall pay to the town a permit fee, which shall be determined in accordance with a fee schedule adopted by the Board of Trustees by resolution.
(2) Fees will be reasonably related to the costs inherent in managing the public rights-of-way. As used in this chapter, these costs include, but are not necessarily limited to, the costs of permitting rights-of-way occupants, verifying rights-of-way occupation, mapping rights-of-way occupations, inspecting job sites and rights-of-way restorations, administering this chapter and costs incurred by the town relating to the degradation of the rights-of-way (i.e., the cost to achieve a level of restoration as determined by the town at the time the permit is issued).
(B) The portion of the permit fee relating to degradation/restoration costs shall be reduced by the town in cases where the applicant demonstrates to the satisfaction of the Director that the excavation proposed will be used by two or more entities, legally and financially unrelated, for the installation, maintenance or repair of facilities.
(C) Any permit for temporary use or occupation of the public rights-of-way, where there is no construction involved, shall not require payment of a degradation fee as part of the permit fee.
(D) An applicant may avoid the imposition of a degradation/restoration fee if it agrees to perform the required restoration of the public right-of-way to the town’s standards. The applicant shall decide at the time of application whether the applicant will perform the required restoration, and the applicant’s decision shall be final.
(1) In the roadway, the disturbed pavement area will be removed and the subgrade will be scarified and recompacted.
(2) A minimum of 12 feet wide of pavement will be removed and the subgrade will be scarified and recompacted if the necessary removal is in excess of five feet wide and the overall length exceeds 40 feet.
(3) For cuts in gravel roadways, the subbase must be scarified and recompacted and dressed with a minimum of four inches of suitable road base material.
(E) The portion of any permit fee relating to degradation/restoration costs shall be segregated by the town into an account to cover general street maintenance and construction.
(Prior Code, § 165.6) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Unless otherwise specified in a franchise agreement between the permittee and the town, prior to the granting of any permit, the permittee shall file with the town an insurance policy or certificate in a form satisfactory to the town with coverage as follows:
(1) The permittee shall carry and maintain in full effect at all times a commercial general liability policy, including broad form property damage, completed operations contractual liability, explosion hazard, collapse hazard, underground property damage hazard, commonly known as XCU, for limits not less than $1,000,000 each occurrence for damages of bodily injury or death to one or more persons; and $500,000 each occurrence for damage to or destruction of property;
(2) Workers’ compensation insurance as required by state law; and
(3) Town departments shall be relieved of the obligation of submitting a certificate of insurance.
(B) Whenever any person has filed with the town evidence of insurance as required, any additional or subsequent permit holder in the employ of said initial person may, at the discretion of the town, be excused from depositing or filing any additional evidence of insurance if such employee is fully covered by the permittee’s insurance policy.
(C) Each permittee shall construct, maintain and operate its facilities in a manner which provides protection against injury or damage to persons or property.
(1) The permittee, for itself and its related entities, agents, employees, subcontractors and the agents and employees of said subcontractors, shall save the town harmless, defend and indemnify the town, its successors, assigns, officers, employees, agents and appointed and elected officials from and against all liability or damage and all claims or demands whatsoever in nature unless caused by the negligent or intentional acts of the town, and reimburse the town for all its reasonable expenses, as incurred, arising out of the installation, maintenance, operation or any other work or activity in the public right-of-way or by the permittee related to its use thereof, including, but not limited to, the actions of the permittee, its employees, agents, contractors, related entities, successors and assigns, or the securing of and the exercise by the permittee of the permit rights granted in the permit, including any third party claims, administrative hearings and litigation; whether or not any act or omission complained of is authorized, allowed or prohibited by this code or other applicable law.
(2) The terms of each contract awarded by the permittee for activities pursuant to a permit shall contain indemnity provisions whereby the contractor shall indemnify the town to the same extent as described above.
(3) Following the receipt of written notification of any claim the permittee shall have the right to defend the town with regard to all third party actions, damages and penalties arising in any way out of the exercise of any rights in the permit. If, at any time, however, the permittee refuses to defend, and the town elects to defend itself with regard to such matters, the permittee shall pay all reasonable expenses incurred by the town related to its defense.
(4) In the event the town institutes litigation against the permittee for a breach of the permit or for an interpretation of this code and the town is the prevailing party, the permittee shall reimburse the town for all costs related hereto, including reasonable attorney’s fees. The permittee shall not be obligated to hold harmless or indemnify the town for claims or demands to the extent that they are due to the negligence, or any intentional and/or willful acts of the town or any of its officers, employees or agents.
(5) In the event the permittee is a public entity, the indemnification requirements of this section shall be subject to the provisions of the state’s Governmental Immunity Act, being C.R.S. §§ 24-10-101 et seq.
(Prior Code, § 165.7) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Before any permit required by this chapter shall be issued to an applicant, the applicant shall file with the Director a bond or letter of credit in favor of the town in an amount equal to the total cost of construction, including labor and materials, or $5,000, whichever is greater. The bond or letter of credit shall be executed by the applicant as principal and by at least one surety upon whom service of process may be had in the state. The bond or letter of credit shall be conditioned upon the applicant fully complying with all provisions of town codes, ordinances, rules and regulations, and upon payment of all judgments and costs rendered against the applicant for any material violation of town codes, ordinances or state statutes that may be recovered against the applicant by any person for damages arising out of any negligent or wrongful acts of the applicant in the performance of work done pursuant to the permit. The town may bring an action on the bond or letter of credit on its own behalf or on behalf of any person so aggrieved as beneficiary. The bond or letter of credit must be approved by the Town Manager as to form and as to the responsibility of the surety thereon prior to the issuance of the permit. However, the town may waive the requirements of any such bond or letter of credit or may permit the applicant to post a bond without surety thereon upon finding that the applicant has financial stability and assets located in the state to satisfy any claims intended to be protected against the security required by this section.
(B) A letter of responsibility will be accepted in lieu of a performance bond or letter of credit from all public utilities, and all franchised entities operating within the town.
(C) The performance bond, letter of credit or letter of responsibility shall remain in force and effect for a minimum of three years after completion and acceptance of the street cut, excavation or lane closure.
(Prior Code, § 165.8) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
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