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It is unlawful for any person to make any tunnel, opening, boring, excavation of any kind in or under the surface of a public way, or occupy/use the public way for any other purpose than for travel or other permitted uses, without first securing a permit from the town for each separate undertaking; provided, that any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed without a permit when emergency circumstances demand the work be done immediately and the permit cannot reasonably and practically have been obtained beforehand. Such person shall thereafter apply for a permit on the first regular business day on which the town offices are open for business. All permit applications are subject to approval and conditions by Public Works. If the application is denied the applicant may appeal the decision, as set forth in § 8-1-41 of this chapter.
(Ord. 7(1971) § 2(A); Ord. 43(1978) § 2; Ord. 7(2006) § 2)
(A) Notify utilities and city of commencement of work. Each application for a permit shall be made three business days, unless otherwise approved by Public Works, before the work authorized by the permit is to begin. Each permittee shall notify all utilities operating in the town, the Police Department and the Fire Department of the nature and location of the work authorized by the permit and the time that the work shall begin, at least 24 hours before the work authorized by the permit is to begin. Such application and notice shall be made during the normal office hours of the utilities, the town and the Fire Department.
(B) Contents. An application shall be filed on such forms as shall be furnished by Public Works. The applicant shall, in addition, present information that all materials, labor and equipment which may be required to complete the proposed work are available.
(C) Fee.
(1) Fee required. Each application for a permit shall be accompanied by a permit fee as determined by Public Works, as provided in § 8-1-35(A) of this chapter. The permit fee and all other charges or costs shall be paid at the time the permit is issued. The permit fee shall be charged, separate and apart from any bond and security required for mitigation and restoration of the public way, and shall not be included in the bond or security amount.
(2) More than one permit. Public works may accept an initial permit fee from any applicant to cover more than one permit, provided that the permittee pays for the actual cost of each permit within a specified time as designated by the Town Finance Director. Nothing contained in this chapter shall be construed as exempting anyone from obtaining a permit for each separate undertaking.
(D) Bond and security. The applicant shall provide a bond or security in the amount of 125% of the cost of full restoration of the area that may be damaged during permit activity as calculated by Public Works. The bond or security shall be submitted in the form of a bond or certified check prior to the approval of the permit application and release of the permit, and shall be held by the Town of Vail until the two- year warranty period has expired and Public Works has accepted the work.
(E) Exemptions. Public Works may, at its sole discretion, waive any portion of any fee if the permitted use is deemed a public benefit or as provided for in § 8-1-4 of this chapter.
(Ord. 7(1971) § 2(B,C,E); Ord. 43(1978) §§ 1, 2; Ord. 20(1981) § 1; Ord. 7(2006) § 3)
Any utility companies providing electric, telephone, gas, water, sewer or communication service on a regular basis to the residents of the town are exempted from posting a bond or security on street excavation work or use of the public way, provided the utility company files a letter with Public Works, signed by the appropriate officers of the company, agreeing to reimburse the town for all costs incurred in repairing street openings made by the utilities, any costs incurred in repairing other utilities which may be damaged in the excavation, and agreeing to abide by all the terms of this chapter. Each utility company shall submit a list of persons authorized to sign permit applications and to keep that list current.
(Ord. 7(1971) § 2(F); Ord. 43(1978) § 2; Ord. 20(1981) § 2; 1997 Code; Ord. 7(2006) § 4)
Prior to the issuance of any permit under this chapter, every applicant shall agree to hold the town, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to have accrued by reason of any work performed under a permit issued under this chapter. The acceptance of a permit shall constitute such an agreement by the applicant.
(Ord. 7(1971) § 2(G); Ord. 43(1978) § 2)
No person to whom a permit has been granted shall perform any of the work authorized by the permit in any amount or quantity greater than that specified in the permit; except that, upon the approval of Public Works, additional work may be done under the provisions of the permit in an amount not greater than 10% of that specified in the permit.
(Ord. 7(1971) § 2(I); Ord. 43(1978) § 1; Ord. 7(2006) § 5)
Permits under this chapter are not transferable, and the work shall not be made in any place other than the location specifically designated in the permit, or by any person, agent or independent contractor other than the permittee unless specifically provided in the permit. The permit shall be issued and held only by the permittee making the street cut or using the public way. All billing shall be sent to the permittee.
(Ord. 20(1981) § 1; Ord. 7(2006) § 6)
Every permit shall expire at the end of the period of time set out in the permit. If the permittee is unable to commence or to complete the work within the specified time, such person shall, prior to the expiration date, present in writing to Public Works a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of Public Works, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work being done.
(Ord. 7(1971) § 2(K); Ord. 43(1978) § 1; Ord. 7(2006) § 7)
(A) Grounds. Any permit may be revoked by Public Works, after notice to the permittee, for the following grounds:
(1) Violation of any condition of the permit or of any provision of this chapter;
(2) Violation of any provision of any other applicable ordinance or law relating to the work; and
(3) Existence of any condition or the doing of any act constituting a nuisance or endangering lives or properties of others.
(B) Notice served; contents. Written notice of any of the violations or conditions designated in subsection (A) of this section shall be served upon the holder of the permit or agent engaged in the work. The notice shall contain a brief statement of the reason for the revocation and shall also indicate the time at which the violation may be corrected and work resumed. The notice shall be given either by personal delivery to the person to be notified or by certified or registered mail addressed to the person. When any permit has been revoked and the work authorized by the permit has not been completed, Public Works is authorized to take the steps necessary to immediately restore the public way to as good a condition as existed before the opening was made. The permittee shall be responsible for all replacement costs.
(Ord. 7(1971) § 3; Ord. 43(1978) § 1; Ord. 7(2006) § 8)
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