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Home My Public Portal AboutOrdinance #271TOWN OF ERASER ORDINANCE NO..~ AN ORDINANCE REGULATING EXCAVATIONS ON AND WITHIl~T THE PUBLIC GROUNDS OF THE TOWN OF ERASER, COLORADO, AND AMENDING APPLICABLE PROVISIONS OF THE CODE OF THE TOWN OF ERASER. WHEREAS, §31-15-702, C.R.S., 1973, as amended, authorizes the Board of Trustees of the Town of Fraser to regulate the use of its public grounds; and WHEREAS, it is necessary for the protection of the public health, safety and welfare of the citizens of the Town of Fraser to regulate excavations on and within the public grounds of the Town of Fraser; and WHEREAS, the Town of Fraser akeady regulates excavations within the Town's public grounds through Ordinance 63 adopted on March 2, 1977; and Eraser's staff has recommended certain changes to update Ordinance 63; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER COLORADO, THAT: PART ~ • g~~vn~N'r Tn Tnw~v rn~ Article 10-3 of the Code of the Town of Fraser, Colorado, entitled "Excavations", is hereby amended in its entirety to read as follows: ARTICLE 10-3 EXCAVATIONS $.~ctinn 10-~_1 P»hlic (',rnundc nefin~ (1) As used herein, the words "public grounds" shall mean the entire width of every public way, whether dedicated or acquired by usage, not heretofore or hereafter vacated by Ordinance and shall include every highway, street, avenue, alley, park, or public place now within the Town of Fraser or subsequently annexed thereto. ,4ectinn 1(1~~-~ Permit Re_.rn (1) It shall be unlawful for any person, firm., corporation, partnership, public utility c.;...Yany, special district, organization or entity of any kind, other than a duly authorized Town official or employee, to make or cause or permit to be made any excavation or opening in or under any public ground within the Town of Fraser without first having obtained and having in force a permit. In case of actual emergency it shall be lawful to make such excavation without a permit in order to repair utilities if a present danger to life or property exists. However, a permit shall be required after the utility has been repaired in an emergency situation to insure correct repair of Town right-of--way improvements. n 1(1_~_~ Annlicatinn fnr Permit (1) An application for a permit required by this Ordinance to excavate shall be made upon forms Y.,, sided by the Town of Fraser therefore and shall recite specifically and illustrate by sketch or plan the exact location, depth, extent, nature and purpose of the excavation desired to be made; the purpose for which the privilege is requested; the duration of time required for such work; and a plan to protect the public, including a traffic c.,~~l~ of plan, during the terms of the permit. Said application shall be made at least five (5) working days prior to the time set for beginning of the proposed work. (2) It shall be the duty of every person or entity of any kind to furnish, on completion of the excavation, an "as-built" drawing of any improvements. In the case of i...~. avements installed prior to the effective date of such requirement for an as-built drawing, it shall be the duty of every person or entity to furnish, on request of the Board of Trustees of the Town of Fraser, information regarding the location in any public grounds of the Town of Fraser of any pipe or other structure installed, maintained or utilized by such person or entity. ~PCtinn 1(1-~-d Rpcp~ (1) The Town Clerk shall keep a record of all applications made for permits under the provisions of this Ordinance and of the permits so issued. Cn 1 n_~_5 ('.nnditinnc of icm~ance of Pt., ...its (1) All permits issued under this ordinance shall be according to the provisions of this Ordinance and subject to such rules, directions and limitations regarding the time to be required for work and the manner in which the work is to be performed as the official appointed by the Town may prescribe. Section 10-3-6 Permit FPP (1) Applicants for a permit under this Ordinance shall pay the required and necessary fee to the Town before the issuance of such Permit. The fees for such permit shall be set by Resolution of the Board of Trustees of the Town of Fraser and shall be available for public inspection in the Town Hall. $.ectinn 10-~-7 ilicnYlav of Permit (1) Each permit issued under this Ordinance shall be kept at the site of the excavation while _2 the work is in progress and shall be exhibited upon request to any officer of the Town. $,~in 1 n,Z_R Pratgctinn pf Pi~hlir, and Traffic Flew (1) It shall be unlawful for any person or entity to dig or cause to be dug any hole, drain, ditch or any other excavation in any public grounds within the Town of Fraser without providing adequate public protection and a traffic c.,..l~ of plan in accordance with Town specifications. In addition, it shall be unlawful to obstruct more than the area of one block and one intersection at the same time in any one street, or to keep the same obstructed for more than eight hours after the backfilling and repaving is finished or more than the length of time for which the permit is issued, whichever is less. (2) In order to protect the public and to minimise the disruption of the flow of traffic in the vicinity of the excavation, every excavation shall be surrounded by protective devices and safety appliances in accordance with the chapter detailing ilu.,~~~~ation on traffic controls for street and highway construction and/or maintenance in the Manual on Uniform Traffic Control Devices, as published by the United States Department of Transportation. 1 ll_3_9 Tampering w+th i_ P~___vi~~... (1) It shall be unlawful for any person or entity to damage, displace, remove or interfere with any barricade, warning light or any other protective device and/or safety appliance which is lawfully placed around or about any excavation or construction work in the Town of Fraser. Section 1(1_3_1(1 Rackfill and RPctnratinn of Pa~g_ (1) After excavation, all backfilling and surface restorations shall be made in accordance with the Permit and Town specifications. The entire work of surface rest., anon including backfilling, paving and/or pouring concrete, or other surface ira.~,.,, cements, shall be performed and/or paid for by the P.;~~~ut~ee. Sectipn 1(1-3_11 T j~7j]ity cif PPrmj]~~ (1) Prior to the issuance of an excavation permit, the Permittee shall provide a cashiers check or letter of credit in a form approved by the Town Board in an amount to be set by Resolution of the Board of Trustees to insure faithful and strict performance with this Ordinance and other specifications, rules, regulations and ordinances of the Town. (2) In the event of settlement or subsidence of a particular excavation or part thereof within twelve months of the excavation's backfill, surface rest.,. anon, and preliminary acceptance by the Town, the Permittee who had performed the excavation and improvement work -3- shall be responsible for all repaving and repair costs occasioned thereby. Failure to comply with the Town's demand that the excavation's restoration be completed to a standard acceptable to the Town, shall cause the Town to utilize the funds available from the cashiers check and/or letter of credit in order to complete the work. All work done by the Town shall be billed on "time and materials" basis, plus fifty percent to cover admini~L~ al;ve costs. (3) In the event that there is no settlement in the excavation area twelve months after preliminary acceptance by the Town, and provided no claims have been asserted against the Town relating to the excavation work, the amount of the cashier's check shall be refunded or the letter of credit shall be released. This shall constitute final acceptance by the Town. (4) As a condition of issuance of an excavation p~...~t, the Permittee will agree to indemnify and hold harmless the Town against any and all damages or claims for damages, losses, costs, charges or expenses, that may be brought against it by any person by reason of such work, and against any losses or expenses, including reasonable attorney fees, incurred by theTown by reason of such work. The Town may draw upon the cashiers check or letter of credit deposited by the Permittee to pay any such claims, damages, losses and expenses, and the Permittee shall be liable to the Town for any amounts not covered by such deposit. ~ectinn ~ n~~_1 ~. PPnal, tip (1) Every Person convicted of a violation of any provision of this Article shall be punished by a fine not exceeding Three Hundred Dollars ($300.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day the violation is in place shall be considered a distinct and separate offense. PART ~' RFpF ~ Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. pAR T ~ • CF.VF.R 4R1T .TTV ~ any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof; irrespective of the fact that any one or more sections, subsections, sentences, -¢ clauses and phrases thereof be declared invalid or unconstitutional. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS ~ DAY OF ~_~,~ , , 2001. Votes in favor: Votes opposed: ~ Votes abstained: ~ BOARD OF TRUSTEES OF THE TOWN OF ERASER, C ORADO BY: .~ ~,~r,~ Dennis Soles, Mayor (SEAL) Published in the Winter Park Manifest on ATTEST: e ~`~ i s~ V' Winter, Town Clerk ! 2001. -.5-