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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)
(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)
(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)
Any permittee shall warranty all work completed pursuant to this chapter for two full years from the date of the completion of the work. The town shall hold all deposits, securities or performance bonds deposited by the permittee as a condition of granting any permit during the period of the two-year warranty. One month prior to the expiration of the two year warranty, Public Works shall inspect the street cut. If the work is acceptable to Public Works and to utility companies who serve the town, the security will be returned to the permittee at the end of the two year period, provided the street cut remains acceptable in the twenty-fourth month, and the necessary soils compaction tests are provided, as required by § 8-1-26 of this chapter.
(Ord. 8(1991) § 3; Ord. 3(2003) § 1; Ord. 7(2006) §20)
All pavement costs, openings and excavations shall be backfilled, surfaced and restored according to this chapter and as provided in Title 13, Chapter 10 of this code. Final surfacing shall be made within 30 days from the date the street cut permit is issued. Failure to complete surfacing within the 30-day period shall deem the street cut permit null and void. The performance bond or security will also become due at this time. Public Works shall then take steps necessary to complete the unfinished work. The original permittee may also complete the work upon obtaining a new permit and performance bond. In the case of street cut permits issued after October 15, the permittee shall completely restore the paved surface by November 15 without exception. Failure to do so will also result in the permit becoming null and void. The performance bond will become due on November 15, and Public Works shall take the necessary steps to complete the work. Backfilling under paved streets shall be in accordance with the specifications in §§ 8-1-25 and 8-1-34 of this chapter.
(Ord. 20(1981) § 1; Ord. 8(1991) § 5; Ord. 7(2006) § 21)
(A) Backfill gradation requirements. Material shall be granular, consisting essentially of sand, gravel, rock, slag, disintegrated granite or a combination of such materials. It shall be a well graded mixture containing sufficient soil mortar, crusher dust or other binding materials which, when placed and compacted, will result in a firm, stable foundation. Material composed of uniformly sized particles or which contains pockets of excessively fine or excessively coarse material will not be acceptable. The backfill material shall meet the following gradation:
Sieve Designation | Percent By Weight Passing |
2.5 inch | 100 |
2 inch | 95—100 |
No. 40 | 30—60 |
No. 20 | 5—15 |
(B) Liquid and plasticity standards.
(1) All material passing the No. 40 sieve shall have a liquid limit of not over 35 and a plasticity index of not over six. Test for a liquid limit and plasticity index shall be in accordance with AASHTO designations T-89 and T-91 respectively.
(2) Six inches of Colorado Department of Highway’s class 6 aggregate base course will be required on top of the subgrade material. The class 6 ABC shall meet the following gradation:
Sieve Designation | Percent By Weight Passing |
1 inch | 100 |
3/4 inch | 95—100 |
1/2 inch | 20—55 |
3/8 inch | 0—15 |
No. 4 | 0—5 |
(Ord. 7(1971) § 5(A)(1)(a); Ord. 8(1991) § 6)
(A) Strict rules for compaction; penalty. The bottom 12 inches and the top 18 inches of the subgrade backfill shall be the same type of backfill material specified in § 8-1-25 of this chapter. The excavated material may be used for the remainder of the backfill, provided that no materials greater than six inches in diameter shall be used for backfill. The material shall be deposited in layers not exceeding 12 inches in thickness prior to compacting. Each layer shall be compacted with suitable mechanical tamping equipment. It shall be compacted sufficiently to obtain a field density which is at least 95% of theoretical density as determined by AASHTO method T-147. The permittee shall be required to obtain geotechnical test inspections by a certified technician and reports reviewed by a professional engineer. Public Works shall require all permittees to contact Public Works 24 hours in advance of commencement of backfill operations to allow the Department time to arrange for additional inspection. Failure to obtain proper inspections or contact the Department will result in forfeiture of the street cut bond monies. The cost of compaction tests will be paid by the town. The costs of retests will be paid by the permittee. Compaction methods not authorized herein must be approved by Public Works prior to their use by the permittee.
(B) Longitudinal cuts; special methods. All longitudinal cuts that are located four feet or more into the paved area and exceeding 15 feet in length shall be patched and the entire street overlaid with asphaltic concrete a minimum of one and one-half inches thick. This requirement shall not be applicable to cuts for the installation of structures that extend four feet or more into the paved area, unless otherwise required by Public Works.
(Ord. 20(1981) § 1; Ord. 8(1991) § 7; Ord. 7(2006) § 22)
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