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Vail, CO Code of Ordinances
TOWN OF VAIL CODE OF ORDINANCES
VAIL TOWN CHARTER
TITLE 1: ADMINISTRATION
TITLE 2: REVENUE AND FINANCE
TITLE 3: BOARDS AND COMMISSIONS
TITLE 4: BUSINESS AND LICENSE REGULATIONS
TITLE 5: PUBLIC HEALTH AND SAFETY
TITLE 6: POLICE REGULATIONS
TITLE 7: MOTOR VEHICLES AND TRAFFIC
TITLE 8: PUBLIC WAYS AND PROPERTY
CHAPTER 1: STREET OPENINGS, EXCAVATIONS, PAVEMENT CUTS AND USE WITHIN THE PUBLIC WAY
§ 8-1-1 DEFINITIONS.
§ 8-1-2 PERMIT REQUIRED.
§ 8-1-3 APPLICATION FOR PERMIT; FEE.
§ 8-1-4 UTILITIES EXEMPT FROM DEPOSIT.
§ 8-1-5 TOWN NONLIABILITY.
§ 8-1-6 RETENTION OF PERMIT AT SITE.
§ 8-1-7 LIMIT ON AMOUNT OF WORK.
§ 8-1-8 PERMIT NONTRANSFERABLE.
§ 8-1-9 PERMIT EXPIRATION; EXTENSION.
§ 8-1-10 REVOCATION OF PERMIT; NOTICE.
§ 8-1-11 SIZE RESTRICTION.
§ 8-1-12 EXPOSURE OF UTILITIES.
§ 8-1-13 PROTECTION.
§ 8-1-14 SIGNS.
§ 8-1-15 SURVEY MARKERS AND MONUMENTS.
§ 8-1-16 STREET DRAINAGE SYSTEM.
§ 8-1-17 EXCESS EXCAVATED MATERIAL REMOVAL.
§ 8-1-18 SAFETY DEVICES.
§ 8-1-19 ACCESS TO DRIVEWAYS AND FIRE HYDRANTS.
§ 8-1-20 STORAGE OF EXCAVATED MATERIAL.
§ 8-1-21 TIME WORK MAY BE PERFORMED.
§ 8-1-22 ADDITIONAL REGULATIONS; PUBLIC WORKS AUTHORITY.
§ 8-1-23 TIME FOR COMPLETION OF WORK.
§ 8-1-24 RESTORATION OF PAVED STREETS REQUIRED.
§ 8-1-25 MATERIALS FOR PAVED STREET RESTORATION.
§ 8-1-26 CONSTRUCTION METHODS FOR PAVED STREET RESTORATION.
§ 8-1-27 MATERIALS FOR UNPAVED STREET RESTORATION.
§ 8-1-28 CONSTRUCTION METHODS FOR UNPAVED STREET RESTORATION.
§ 8-1-29 UNPAVED NONVEHICULAR PUBLIC PLACES RESTORATION.
§ 8-1-30 ASPHALTIC CONCRETE OR OIL-AND-CHIP SURFACE RESTORATION.
§ 8-1-31 PORTLAND CEMENT CONCRETE SURFACES, CURBS AND GUTTERS.
§ 8-1-32 COST ASSESSMENT WHEN RESURFACING NECESSARY.
§ 8-1-33 SETTLING.
§ 8-1-34 TOWN RESTORATION; REQUEST AND AGREEMENT.
§ 8-1-35 FEES.
§ 8-1-36 MULTIPLE OPENINGS FOR SINGLE DEPOSIT.
§ 8-1-37 LIABILITY INSURANCE.
§ 8-1-38 MAP OF UNDERGROUND FACILITIES REQUIRED.
§ 8-1-39 MAP CORRECTED ANNUALLY.
§ 8-1-40 ABANDONED UNDERGROUND FACILITIES.
§ 8-1-41 APPEAL.
§ 8-1-42 VIOLATION; PENALTY.
CHAPTER 2: MANDATORY UTILITY CONNECTION
CHAPTER 3: REVOCABLE RIGHT-OF-WAY PERMITS
CHAPTER 4: LOCAL IMPROVEMENT DISTRICTS
CHAPTER 5: CABLE TELEVISION FRANCHISES AND FACILITIES
CHAPTER 6: NEWSRACKS
CHAPTER 7: OUTDOOR DISPLAY OF GOODS
TITLE 9: WATER AND SEWER
TITLE 10: BUILDING REGULATIONS
TITLE 11: SIGN REGULATIONS
TITLE 12: ZONING REGULATIONS
TITLE 13: SUBDIVISION REGULATIONS
TITLE 14: DEVELOPMENT STANDARDS
PARALLEL REFERENCES
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§ 8-1-28 CONSTRUCTION METHODS FOR UNPAVED STREET RESTORATION.
   The backfill material shall be deposited in layers not exceeding 18 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 90% of theoretical density as determined by AASHTO method T-99. Field density shall be determined by AASHTO method T-147. In no event shall water jetting be allowed for compaction of backfill material.
(Ord. 20(1981) § 1; Ord. 8(1991) § 9)
§ 8-1-29 UNPAVED NONVEHICULAR PUBLIC PLACES RESTORATION.
   (A)   Relaxed standards. Excavations in unpaved public places not used as vehicular ways may be backfilled with suitable material and shall be compacted in lifts not to exceed 18 inches in depth to sufficiently obtain a field density which is at least 85% of theoretical density as determined by AASHTO method T-99. Field density shall be determined by AASHTO method T-147. The top six inches shall be a topsoil material meeting the following specification:
   Topsoil: Natural, friable, fertile soil characteristic of productive soil in the vicinity, reasonably free of stones, clay lumps, roots and other foreign matter.
   (B)   Landscaping restored. All vegetated areas shall be returned to their original condition. This includes grasses, sod, shrubs, trees, flowers and any irrigation system disturbed during the excavation process per Public Works’ standard landscaping restoration specifications. The lines and grades of the completed grading shall meet the original lines and grades prior to commencement of work.
(Ord. 7(1971) § 5(A)(3); Ord. 43(1978) § 1; Ord. 8(1991) § 10; Ord. 7(2006) § 23)
§ 8-1-30 ASPHALTIC CONCRETE OR OIL-AND-CHIP SURFACE RESTORATION.
   The cut and restoration of asphaltic concrete or oil-and-chip surface shall be made in the following manner.
   (A)   Cut. The initial pavement cut shall be made a minimum of one foot wider than the trench on all sides of the trench, a minimum of three feet wide, and the cut in the paving shall be made with a power circular saw or other method as specifically approved in writing by Public Works.
   (B)   Restoration.
      (1)   The asphaltic concrete or oil-and-chip surface shall be of grade S, S(x) or equivalent hot bituminous pavement (HBP). The asphalt cement shall be PG 58-28. The minimum depth of asphalt concrete pavement placed over the six inches of class 6 ABC shall be as follows or match the depth of the existing surface surrounding the excavation, whichever is greater:
 
Bike paths
3 inches
Local streets (public/private)
3 inches
Collector streets
5 inches
Arterial streets
6 inches
 
      (2)   The minimum lift shall not be less than one and one-half inches thick and the maximum lift shall be two and one-half inches.
      (3)   The new surface shall meet the lines, grades, quality and appearance of the existing surface surrounding the excavation, and be sealed with a chemical as approved by Public Works.
(Ord. 7(1971) § 5(A)(4); Ord. 43(1978) § 2; Ord. 8(1991) § 11; Ord. 7(2006) § 24)
§ 8-1-31 PORTLAND CEMENT CONCRETE SURFACES, CURBS AND GUTTERS.
   (A)   Surface cut and restoration. The cut and restoration of portland cement surfaces shall be made in the following manner.
      (1)   The initial pavement cut shall be made a minimum of one foot wider than the trench on all sides of the trench, a minimum of five feet wide, and the cut in the paving shall be made with a power circular saw or other method as specifically approved in writing by Public Works.
      (2)   The minimum pavement section shall be six inches or match existing, whichever is greater, on top of the six inches of ABC. The concrete specifications shall meet the Colorado Department of Highways’ specifications for portland cement concrete pavements.
   (B)   Curb and gutter specifications. Concrete for gutters and curb and gutter shall be reinforced with fibrous concrete reinforcing at the rate of one and one-half lb/CY. Fibers shall be 100% virgin polypropylene fibrillated fibers. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for each type of concrete required. Mix batched concrete in strict accordance with fibrous concrete manufacturer’s instructions. The new surface shall meet the lines, grades, quality and appearance of the existing surface surrounding the excavation, and be sealed with a chemical as approved by Public Works.
(Ord. 8(1991) § 12)
§ 8-1-32 COST ASSESSMENT WHEN RESURFACING NECESSARY.
   If Public Works finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, where the equipment used may cause such damage, the permittee shall be required to pay the cost of resurfacing. The cost of resurfacing shall be charged to the permittee on a time and materials basis. Public Works may require the permittee to deposit with the town an estimated sum to pay for the cost of resurfacing as required herein prior to the issuance of a permit. If a deposit is filed with the town for the cost of resurfacing, and the cost thereof exceeded the amount of the deposit, the additional cost shall be paid by the permittee within ten days of being billed therefor by the town or, in any event, prior to the issuance of any additional permits. If the cost of resurfacing was less than the amount of the deposit, the town shall return to the permittee the remainder of the deposit within ten days of the work being done. If no deposit is made by the permittee, the cost of resurfacing shall be paid by the permittee within ten days of being billed therefor by the town or, in any event, prior to the issuance of any other permits.
(Ord. 7(1971) § 5(A)(5); Ord. 43(1978) § 2)
§ 8-1-33 SETTLING.
   If any settlement in a restored area occurs within a period of two years from the date of completion of the permanent restoration, any expense incurred by the town in correcting the settlement shall be paid by the permittee, unless proof is submitted by the permittee, satisfactory to Public Works, that the settlement was not due to defective backfilling. Failure to backfill properly may be grounds for revocation of the permittee’s contractor’s license. It shall be the duty of the permittee to submit to the town sufficient proof as to the date of completion if there is a disagreement as to the date of completion for the purposes of this section.
(Ord. 7(1971) § 5(A)(6); Ord. 43(1978) § 2; Ord. 3(2003) § 2)
§ 8-1-34 TOWN RESTORATION; REQUEST AND AGREEMENT.
   (A)   Permittee responsible. It shall be the responsibility of the permittee to restore and repair street cuts and make backfills on any street cut or excavation.
   (B)   Permittee pays costs. Upon the request of the permittee and the agreement of the town, the town may repair the street cuts and make backfills for the permittee, and permittee shall pay to the town the cost of restoration. The permittee shall relinquish the right to restore street cuts and make backfills after the expiration of the permit (30 days after date of issue) or until November 15, if no extension for time has been granted to the permittee by Public Works.
(Ord. 7(1971) § 5(A)(7); Ord. 43(1978) § 2; Ord. 20(1981) § 1; Ord. 7(2006) § 25)
§ 8-1-35 FEES.
   (A)   Fees determined. Upon receipt of a properly completed application, Public Works shall determine the amount of the fee which shall be paid by the holder of any permit under this chapter, which fee shall cover the cost of the applicant’s use of the public way including, but not limited to, application administration, pavement degradation, use of the public way, inspection of work/use, coordination of work/use, and the mitigation of public impacts. These fees shall be as currently adopted via resolution by the Town Council and shall be set forth on the schedule of fees maintained in the Public Works Department.
      (1)   Any rework or additional work agreed upon between the town and permittee and done by the town shall be a time and material charge.
      (2)   Salaries and equipment rates will be charged by the town to the permittee in accordance with the prevailing schedule on file in the Public Works Department.
   (B)   Form of payment. The fee shall be either in the form of a certified treasurer’s or cashier’s check, cash, or other, if approved by the Finance Director.
   (C)   Deficient fee. If any fee or deposit is less than sufficient to pay all costs, the permittee shall, upon demand, no later than ten days after being billed by the town, or prior to the issuance of any further permits, pay to the town an amount equal to the deficiency. If the permittee fails or refuses to pay the deficiency, the town may institute an action to recover the amount in any court of competent jurisdiction, refuse to issue any subsequent permits, or revoke the permittee’s contractor’s license. Until the deficiency is paid in full, no additional permits shall be issued to the permittee. The remedies herein are in the alternative and are not exclusive.
(Ord. 7(1971) § 6(A–C); Ord. 43(1978) § 2; Ord. 20(1981) § 1; 1997 Code; Ord. 7(2006) § 26)
§ 8-1-36 MULTIPLE OPENINGS FOR SINGLE DEPOSIT.
   Whenever any person or company anticipates more than five street openings, excavations, or uses per year, the utility or authority may post a single deposit for the entire year or part thereof to cover the cost of any and all such work. The amount of the deposit shall be determined by Public Works.
(Ord. 7(1971) § 6(D); Ord. 43(1978) § 2; Ord. 7(2006) § 27)
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