HomeMy Public PortalAboutOrdinance No. 446 Amendment to the Design Criteria of Chapter 14 and Amendment to Chapter 11 Article 2 TOWN 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 Wig# 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
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 applicant 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 provided in accordance with said formula and to
approve the form of security unless, in the Town staffs 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 expenses, including reasonable
attorney fees, incurred by the Town by reason of such work. The Town may draw upon the
cash, cashicr'r,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 - -- • - - - •- - - -•• - - - . • - , - • - -
cervice 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 ccparatc 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)
-- _ • _ . - - -- . •_ :-. . _ . . . ; 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 Scwcr 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 , 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 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 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 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 expenses,
including reasonable attorney fees, incurred by the Town by reason of such work. The
Town may draw upon the cash, cachicr; 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, COLORA
Votes in favor: -7 BY: R
Votes opposed: 0
Votes abstained: p
,N OF F\�s Philip Vandernail, Mayor
ATTEST:
( SE6taE,49 •m
Antoinette cVeigh, Town rk
O<ORADO
Published in the Middle Park Times on August 24, 2017.
Order Confirmation
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pam.schultz PO BOX 370 PO BOX 370
FRASER CO 80442 USA FRASER CO 80442 USA Customer EMail
Order Source
E-mail Customer Phone Payor Phone amcveigh@town.fraser.co.us
9707265491 9707265491 Special Pricing
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NOTICE OF ADOPTION OF ORDINANCE
Please lake ratite Nat.on August 16,2017 the
Board of Trustees for the Town of Fraser.Colorado,
approved and adopted an Ordnance entitled:
TOWN 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 INFRASTRUC-
TURE 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.
This Ordinance shall take etted immediately alter
passage,adoption and publication thereof as provid-
ed by law.A copy of thus Ordinance in full Is availa-
ble for public inspection during Town regular busi.
ness hours at Ore Town Hall,153 Fraser Avenue,
Fraser,Colorado.
5/Antoinette McVeigh.Town Clerk
Published in the Middle Park Times on August 24
2017 0000102294
Run Date Product Placement Rate Sched Cst DisclPrem Color Pickup Taxubtota
08/24/2017 CMN Middle Park Times LEGALS CMN $6.52 per Inch $17.38 $0.00 $0.00 $0.00 $0.00 $17.38
08/24/2017 CMN Online Regional B LEGALS CMN $0.00 per Inch $0.00 $0.00 $0.00 $0.00 $0.00 $0.00