§ 8-1-16 STREET DRAINAGE SYSTEM.

   When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage and erosion control to the satisfaction of Public Works.

(Ord. 7(1971) § 4(E); Ord. 43(1978) § 1; Ord. 7(2006) § 13)

§ 8-1-17 EXCESS EXCAVATED MATERIAL REMOVAL.

   All excess excavated material shall be removed from the site by the permittee after the work has been completed. In the event the earth, gravel or other excavated material so deposited is not removed, Public Works shall cause the removal, and the cost incurred shall be paid by the permittee.

(Ord. 7(1971) § 4(F); 1997 Code; Ord. 7(2006) § 14)

§ 8-1-18 SAFETY DEVICES.

   Every permittee shall provide a construction traffic control plan in accordance with the most recent “Manual On Uniform Traffic Control Devices” (MUTCD) published by the United States Department of Transportation Federal Highway Administration for each situation, phase or part of the work. This plan shall have Public Works’ approval before the permit is issued. Every permittee shall provide and maintain all suitable traffic control devices as prescribed on the approved construction traffic control plan for the duration of the project. Additional safety regulations and the employment of a certified traffic control supervisor (TCS) may be prescribed by Public Works. Whenever any person fails to provide or maintain adequate safety devices, such devices may be installed and maintained by the town, and the amount of the cost thereof shall be paid by the person obtaining the permit. It shall be unlawful to willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign, or notice erected, placed or posted in accordance with this section.

(Ord. 7(1971) § 4(G); Ord. 43(1978) § 2; Ord. 20(1981) § 2; Ord. 8(1991) § 1; Ord. 7(2006) § 15)

§ 8-1-19 ACCESS TO DRIVEWAYS AND FIRE HYDRANTS.

   Access to private driveways shall be provided, except during working hours when construction operations prohibit provisions of such access; provided, however, that access to private driveways shall be restored promptly, and the blocking of private driveways shall be only for such a period of time as is necessary to complete the work immediately in front of the private driveway. Unobstructed access must be provided at all times to fire hydrants.

(Ord. 7(1971) § 4(H); Ord. 43(1978) § 2; Ord. 7(2006) § 16)

§ 8-1-20 STORAGE OF EXCAVATED MATERIAL.

   Excavated materials shall be laid compactly along the side of the trench in a manner so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, Public Works may require the permittee to provide toe boards or bins, and if the excavated area is muddy and causes inconvenience to pedestrians, temporary walks shall be installed by the permittee as directed by Public Works.

(Ord. 7(1971) § 4(I); Ord. 43(1978) § 1; Ord. 7(2006) § 17)

§ 8-1-21 TIME WORK MAY BE PERFORMED.

   (A)   Hours of operation. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, or as provided in the annual “Vail Construction Hours Policy” handout, unless the permittee obtains written consent from Public Works.

   (B)   Winter months prohibition; exception. No street cut permit authorized under this chapter shall be issued so as to allow a street opening or pavement cut between November 15 and April 15, except in an emergency and in accordance with the following:

      (1)   Public works may issue a permit for a street opening or pavement cut between November 15 and December 15 if it is determined that special or unforeseen circumstances require the issuance of the permit or if the applicant for the permit is a public utility. If Public Works determines that an extension should be allowed, the applicant may be required to comply with any of the following additional items:

         (a)   Post an additional sum to pay the costs of cold patching the cut, maintenance of the cut, or possible damage to the public way that may occur over the winter;

         (b)   To temporarily cold patch the excavation; or

         (c)   To take any other reasonable measures that Public Works determines is necessary to protect the public way until the excavation is permanently closed. In addition, any applicant requesting an extension shall agree to provide a permanent patch or closure for the street cut the following summer when the ground and weather permit the same.

      (2)   In no event shall a permit for a street cut be issued after December 15 except in the case of an emergency or upon specific approval by a resolution of the Town Council.

(Ord. 7(1971) § 4(J); Ord. 43(1978) § 2; Ord. 20(1981); 1997 Code; Ord. 7(2006) § 18)

§ 8-1-22 ADDITIONAL REGULATIONS; PUBLIC WORKS AUTHORITY.

   (A)   Conditions for granting permit. In granting any permit, Public Works may attach such other conditions as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to, the following:

      (1)   Equipment. Restrictions as to the size and type of equipment;

      (2)   Routes. Designation of routes upon which materials may be transported;

      (3)   Disposal. The place and manner of disposal of excavated materials;

      (4)   Offensive, injurious practices. Requirements as to the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof;

      (5)   Restricted access. Regulations as to the use of streets in the course of the work;

      (6)   Burial depth. Minimum depth of any utility or service line shall be 18 inches below grade or deeper if required by the applicable code;

      (7)   Temporary remedies. Temporary patches or other measures that may be necessary to protect the public and the public way;

      (8)   Guarantees. Deposits, securities or performance bonds shall be necessary to ensure that the cost of repair or maintenance is paid by the permittee;

      (9)   Public accommodation. Mitigation of the public way to maintain a level of service equal to the existing level of service to the public; and

      (10)   Streetscape and heated streets. Public Works may require the applicant to use alternative means when streetscape or heated streets are requested to be impacted; when no alternative means are possible, then total reconstruction may be required of the improvements such as, but not limited to, planters, paver walks and streets, heat tubing (by zone or loop), stairways and the like.

   (B)   Alternative to street cuts. When a reasonable alternative exists as determined by Public Works, street cut permits requiring the cutting of pavement shall not be issued on town streets which have been reconstructed as a part of the town street improvement program. The town shall maintain and have publicly available an updated record of all town street improvement projects.

(Ord. 7(1971) § 4(K); Ord. 43(1978) § 2; Ord. 8(1991) §§ 2, 4; Ord. 7(2006) § 19)