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Unless otherwise restricted by tariff, the town may install or affix and maintain its own facilities for town purposes in or upon any and all of permittee’s ducts, conduits or equipment in the rights-of-way and other public places, at a charge to be negotiated between the parties, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For the purposes of this section, TOWN PURPOSES includes, but is not limited to, the use of the structures and installations for town fire, police, traffic, utility, telephone and/or signal systems.
(Prior Code, § 165.14.4) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) The rights-of-way have a finite capacity for containing facilities. Therefore, whenever the town determines it is impracticable to permit construction of an underground conduit system by any other entity which may at the time have authority to construct or maintain conduits or ducts in the rights-of- way, but excluding entities providing services in competition with the permittee, and unless otherwise prohibited by federal or state law or regulations, the town may require the permittee to afford to such entity the right to use the permittee’s surplus ducts or conduits in common with the permittee, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by the permittee and the other entity. Nothing herein shall require the permittee to enter into an agreement with such entity if, in the permittee’s reasonable determination, such an agreement could compromise the integrity of the permittee’s facilities.
(B) All facilities shall meet any applicable local, state and federal clearance and other safety requirements, be adequately grounded and anchored and meet the provisions of contracts executed between the permittee and the other common user. The permittee may, at its option, correct any attachment deficiencies and charge the common user for its costs. Each common user shall pay the permittee for any fines, fees, damages or other costs the common user’s attachments cause the permittee to incur.
(Prior Code, § 165.14.5) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Excavations in town rights-of-way disrupt and interfere with the public use of town streets and damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among the permittees making excavations in town rights-of-way and between these permittees and the town. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure the excavations in town rights-of-way are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the town.
(B) Any permittee owning, operating or installing facilities in town rights-of-way, providing water, sewer, gas, electric, communication, video or other utility services, shall meet annually with the Director, at the Director’s request, to discuss the permittee’s excavation master plan. At such meeting, to the extent not already in possession of the town, the permittee shall submit documentation, in a form required by the Director, showing a location of the permittee’s existing facilities in the town rights-of- way. The permittee shall discuss with the Director, its excavation master plan, and identify planned major excavation work in the town. The Director may make his or her own record on a map, drawing or other documentation, of each permittee’s planned major excavation work in the town; provided, however, that, no such document prepared by the Director shall identify a particular entity, or the planned major excavation work of that particular entity. The permittee shall meet with the Director to discuss an initial excavation master plan no later than 60 days after submitting its first permit application. Thereafter, each permittee shall submit annually, on the first regular business day of January, a revised and updated excavation master plan. Such revised and updated plan shall be submitted in both hard copy and digital format. As used in this section, the term PLANNED MAJOR EXCAVATION WORK refers to any future excavations planned by the permittee when the excavation master plan or update is submitted that will affect any town right-of-way for more than five days; provided that, the permittee shall not be required to identify future major excavations planned to occur more than three years after the date that the permittee’s master plan or update is discussed. Between the annual meetings to discuss planned major excavation work, the permittee shall use its bests efforts to inform the Director of any substantial changes in the planned major excavation work discussed at the annual meeting.
(C) The Director shall prepare a repaving plan showing the street resurfacing planned by the town. For purposes of this section, the repaving plan shall include a landscaping or other right-of-way improvement plan. The repaving plan shall be revised and updated on an annual basis after meeting to discuss the permittee’s and town department’s master plans and updates. The Director shall make the town’s repaving plan available for public inspection. In addition, after determining the street resurfacing work that is proposed for each year, the Director shall send a notice of the proposed work to all permittees that have had an annual meeting with the Director.
(D) Prior to applying for a permit, any person planning to excavate in the town’s rights-of-way shall review the town’s repaving plan on file with the Director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such rights-of-way.
(E) In performing location of facilities in the public rights-of-way in preparation for construction under a permit, the permittee shall compile all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit, and shall make that information available to the town in a written and verified format acceptable to the Director. If the permittee fails to provide the locate information requested by the town, the town may obtain this information and charge the Permittee the actual costs for obtaining the information.
(F) Prior to undertaking any work in the rights-of-way or related landscaping, the town may notify all permittees of the town work to be performed. Upon such notification, all permittees shall, within seven days, locate their facilities in the rights-of-way in which the work will be performed and provide documentation in a format acceptable to the Director of the permittee’s facilities in that right-of-way.
(Prior Code, § 165.15) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Relocation and protection of utilities.
(1) Before beginning excavation in any public way, a permittee shall contact the Utility Notification Center of Colorado (UNCC) and, to the extent required by C.R.S. §§ 9-1.5-102 et seq., make inquiries of all ditch companies, utility companies, districts, local government departments and all other agencies that might have facilities in the area of work to determine possible conflicts. The permittee shall contact the UNCC and request field locations of all facilities in the area pursuant to UNCC requirements.
(2) Field locations shall be marked prior to commencing work. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be affected by the work from damage during construction or settlement of trenches subsequent to construction.
(B) Noise, dust, debris, hours of work. Each permittee shall conduct work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No Work shall be done between the hours of 8:00 p.m. and 7:00 a.m. nor at any time on Saturday or Sunday, except with the written permission of the Director, or in case of an emergency.
(C) Trash and construction materials. Each permittee shall maintain the work site so that:
(1) Trash and construction materials are contained so that they are not blown off of the construction site;
(2) Trash is removed from a construction site often enough so that it does not become a health, fire or safety hazard or public nuisance; and
(3) Trash dumpsters and storage or construction trailers are not placed in the street without specific approval of the Director.
(D) Deposit of dirt and material on roadways. Each permittee shall utilize their best efforts to eliminate the tracking of mud or debris upon any street or sidewalk. Streets and sidewalks shall be cleaned of mud and debris at the end of each day. All equipment and trucks tracking mud and debris into the right-of-way shall be cleaned of mud and debris at the end of each day or as directed by the Director.
(E) Protection of trees and landscaping. Each permittee shall protect trees, landscape and landscape features as required by the town. All protective measures shall be provided at the expense of the permittee.
(F) Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles that will damage pavement surfaces are not permitted on paved surface unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the applicant’s performance/warranty guarantee by the town to repair any damage and, possibly, the requirement of additional warranty(s).
(G) Protection of property. Each permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the Work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public way.
(H) Clean-up. As the work progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock and other debris. All clean-up operations shall be done at the expense of the permittee.
(I) Preservation of monuments. A permittee shall not disturb any surface monuments, property marks or survey hubs and points found on the line of work unless approval is obtained from the Director. Any monuments, hubs and points disturbed will be replaced by a state-registered land surveyor at the permittee’s expense.
(J) Parking. Each permittee shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted.
(K) Unobstructed walkway. Each permittee shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk. Such provision shall be included in the traffic control plan.
(L) Clearing sidewalks. Each permittee shall clear all snow and ice hazards from public sidewalks at the work site within 48 hours following a snowfall.
(Prior Code, § 165.16) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014) Penalty, see § 153.999
(A) The permittee shall be fully responsible for the cost and actual performance of all work in the public way. The permittee shall do all work in conformance with any and all engineering regulations, construction specifications and design standards adopted by the town. These standards shall apply to all work in the public way unless otherwise indicated in the permit.
(B) All restoration shall result in a work site condition equal to or better than that which existed prior to construction. In addition to the regulations, specifications and standards referred to in division (A) above, the following provisions shall apply to work in the public rights-of-way of the town.
(1) Pavement cuts shall be filled with compacted select material. Either concrete or asphalt patches will be placed to match the existing street cross section.
(2) Select fill shall be placed in an excavation to the density required by town compaction specifications.
(3) The type, gradation, placement, compaction and testing of the granular backfill material shall meet or exceed all requirements specified in design and construction standards adopted by the town.
(4) (a) The new asphalt will be placed in lifts (three inches maximum) and compacted upon placement. Asphalt depths will be governed the existing cross section of the street, but not less than four inches of full deep asphalt shall be used to fill a street cut regardless of the existing cross-section.
(b) Concrete meeting all construction standards of the town shall be used to replace concrete pavement wherever it occurs.
(Prior Code, § 165.17) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
If at any time the town requests the permittee to relocate is facilities, in order to allow the town to make any public use of rights-of-way, or if at any time it shall become necessary because of a change in the grade or for any other purpose by reason of the improving, repairing, constructing or maintaining of any rights-of-way, or reason of traffic conditions, public safety or by reason of installation of any type of structure of public improvement the town or other public agency or special district, and any general program for the undergrounding of such facilities, to move or change the permittee’s facilities within or adjacent to rights-of-way in any manner, either temporarily or permanently, the town shall notify the permittee at least 90 days in advance, except in the case of emergencies, of the town’s intention to perform or have such work performed. The permittee shall thereupon, at no cost to the town, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three working days prior to the date the town has notified the permittee that it intends to commence its work or immediately in the case of emergencies. Upon the permittee’s failure to accomplish such work, the town or other public agencies or special district may perform such work at the permittee’s expense and the permittee shall reimburse the town or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction by the permittee at the permittee’s expense. Notwithstanding the requirements of this chapter, a permittee may request additional time to complete a relocation project. The Director shall grant a reasonable extension if, in his or her sole discretion, the extension will not adversely affect the town’s project.
(Prior Code, § 165.19) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Notification of abandoned facilities. Any permittee that intends to discontinue use of any facilities within the public rights-of-way shall notify the Director in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than 30 days from the date such notice is submitted to the Director and the method of removal and restoration. The permittee may not remove, destroy or permanently disable any such facilities during said 30-day period without written approval of the Director. After 30 days from the date of such notice, the permittee shall remove and dispose of such facilities as set forth in the notice, as the same may be modified by the Director, and shall complete such removal and disposal within six months, unless additional time is requested from and approved by the Director.
(B) Conveyance of facilities. At the discretion of the town, and upon written notice from the Director within 30 days of the notice of abandonment, the permittee may abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the town. The consideration for the conveyance is the town’s permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the town is completed.
(C) Abandonment of facilities in place. At the discretion of the town, and upon written notice from the Director, the permittee may either:
(1) Abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the town. The consideration for the conveyance is the town’s permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the town is completed.
(2) Abandon the facilities in place, but the permittee still retains the responsibility for all obligations as owner of the facilities, or other liabilities associated therewith.
(Prior Code, § 165.20) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
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