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HomeMy Public PortalAbout5d Ordinance No. 446 Design and Construction StandardsTOWN OF FRASER ORDINANCE No. 446 Series 2017 AN ORDINANCE ADOPTING AMENDMENTS TO THE DESIGN CRITERIA AND CONSTRUCTION STANDARDS FOR STREETS AND ROADWAYS, WATER, SANITARY SEWER AND STORMWATER UTILITIES AND CERTAIN PRIVATE INFRASTRUCTURE OF CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF FRASER, COLORADO, AND MAKING CORRESPONDING AMENDMENTS TO CHAPTER 11, ARTICLE 2 ENTITLED DESIGN AND CONSTRUCTION STANDARDS. WHEREAS, pursuant to Colorado Revised Statutes, Title 31 and other provisions thereof, the Board of Trustees of the Town of Fraser has the authority to establish and regulate public streets and rights of way and public utilities, and to adopt building and other regulations applicable within the Town; and WHEREAS, the Board of Trustees, by Ordinance No. 389, Series 2012, has previously adopted design and construction standards for streets and roadways, water utilities, sanitary sewer, storm drainage facilities and incorporated such Standards into the Fraser Municipal Code; and WHEREAS, the Board of Trustees finds and determines that said amendments to such Standards are reasonable and necessary to protect and preserve the health, safety and welfare of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: The Code of the Town of Fraser, Colorado (herein sometimes referred to as the “Municipal Code”), is hereby amended by adopting the following additions and deletions to the Design and Construction Standards of Chapter 14 of the Municipal Code of the Town of Fraser, Colorado as depicted in the attached Exhibit A: [Note: additions are shown in red bold print; deletions are shown as strikethrough print.] Sec. 14-1-20 - Compliance required. Among other things, such Standards specify minimum design requirements for water and sanitary sewer facilities, streets, driveways, drainage facilities, utilities and other public and private facilities and include permit and fee requirements for driveway construction and excavations or installations in public streets or rights -of-way. All persons undertaking any activities that are subject to such Standards are required to fully comply with all such Standards and requirements. Sec. 14-1-30 - Security for access permits. (a) In cases involving driveway construction, excavations or installations in public streets or rights-of-way or other instances where an access permit is required pursuant to such Standards, as a condition of issuance of such permit, the ap plicant shall provide to the Town cash, a cashier's check or letter of credit in such amount as is established from time to time by ordinance or resolution adopted by the Board of Trustees, to be held as security for proper completion of the excavation work provided in the permit. The formula established by the Board of Trustees for determining the amount of financial security required is set forth in Appendix A to this Code. The Board of Trustees authorizes the Town staff to accept financial security pr ovided in accordance with said formula and to approve the form of security unless, in the Town staff's judgment, special circumstances require review by the Board of Trustees (d) As a condition of issuance of an access permit, the permittee shall 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 the work performed pursuant to the permit and against any losses or expens es, including reasonable attorney fees, incurred by the Town by reason of such work. The Town may draw upon the cash, cashier's 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 security. Sec. 14-5-210. - Permit and regulations. (a) Generally. (1) An access permit application shall be submitted for driveway construction or other any improvements within the public right -of-way prior to commencing any work within the right-of-way. An approved access permit shall be posted at the work site and available upon request at all times Sec. 14-6-30. - Definitions. Access permit means written permission from the Town in order to work within the Town right-of-way to construct and/or maintain driveways, sanitary sewer service lines and water service lines. for excavations, installations and maintenance of both public and private facilities, such as sanitary sewer and water lines, drainage, utilities, etc. ARTICLE 2 - Design and Construction Standards Sec. 11-2-10. - Standards adopted. (a) The Board of Trustees has adopted separate design and construction standards ("Standards") governing various aspects of development and construction within the Town. Those Standards include, but are not necessarily limited to: (1) The Town of Fraser Street and Roadway Standards ; Chapter 14 of the Fraser Municipal Code, entitled Design Criteria and Construction Standards; and (2) The Town of Fraser Water Utility Minimum Design Criteria and Construction Standards; (3) The Grand County Storm Drainage Design and Criteria Manual, Chapters 2 —10; and (4) The Town of Fraser Sanitary Sewer Minimum Design Criteria and Construction Standards. (b) Copies of such Standards are available to the public on our website and at the Public Works/Planning offices in the Fraser Town Hall. (c) Such Standards are applicable within the Town according to their terms and as provided in this Code. (Ord. 323 Part 1, 2007; Ord. 360 Part 1, 2009) Sec. 11-2-20. - Compliance required. Among other things, such Standards specify minimum design requirements for streets, driveways, drainage facilities, utilities, water and sanitary sewer facilities and other public and private facilities, and include permit and fee requirements for driveway construction and excavations or installations in public streets or rights -of-way. All persons undertaking any activities that are subject to such Standards are required to fully comply with all such Standards and requirements. Sec. 11-2-30. - Security for access permits. (a) In cases involving driveway construction, excavations or installations in public streets or rights-of-way or other instances where an access permit is required pursuant to such Standards, as a condition of issuance of such permit, the applicant shall provide to the Town a cashier's check or letter of credit in such amount as is established from time to time by ordinance or resolution adopted by the Board of Trustees, to be held as security for proper completion of the excavation work provided in the permit. The formula established by the Board of Trustees for determining the amou nt of financial security required is set forth in Appendix A to this Code. The Board of Trustees authorizes the Town staff to accept financial security provided in accordance with said formula and to approve the form of security, unless, in the Town staff's judgment, special circumstances require review by the Board of Trustees. (b) In the event the permittee fails to complete the work provided in the permit or fails to correct any deficiency found to exist during the warranty period provided in the Standards, then the Town may utilize all or a portion of such security as necessary to complete the work or correct the deficiency, including payment of all administrative costs and reasonable attorney fees incurred by the Town as a result of such failure. (c) After expiration of all warranty periods, and provided that the work has been completed in accordance with the permit, the remaining balance of said security, if any, shall be refunded or released. (d) As a condition of issuance of an access permit, the perm ittee shall 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 the work performed pursuant to the permit, and agains t any losses or expenses, including reasonable attorney fees, incurred by the Town by reason of such work. The Town may draw upon the cash, cashier's 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 security. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: REPEAL. 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. PART 4: SEVERABILITY. If 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. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 16th DAY OF AUGUST, 2017. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Votes in favor: ___ BY: ________________________________ Votes opposed: ___ Votes abstained: ___ Philip Vandernail, Mayor ATTEST: ( S E A L ) ________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on August 24, 2017.