Right-of-Way Permit Application and
Construction Standards
090.045.010 General.
(a) Purpose. The purposes of these standards are to:
(1) Minimize or eliminate any degradation to public right-of-way facilities as a result of any activity occurring within the public right-of-way, including utility and driveway cuts and any other construction activity which may result in damage to any public right-of-way facility.
(2) Minimize the disruption to the public's use of the public right-of-way as a result of construction activities within the public right-of-way.
(3) Encourage the underground placement of all utilities within the public right-of-way.
(4) Encourage the relocation of current overhead facilities in the public right-of-way to underground facilities.
(5) Encourage co-location of compatible facilities within the public right-of-way.
(6) Ensure that no private construction activity within the public right-of-way results in the degradation of any public right-of-way facility or results in any expense to the citizens of the City.
(7) Manage the public right-of-way on behalf of the citizens regarding public health, safety and convenience.
(8) Manage the surface of the public right-of-way to ensure the structural integrity, availability, safety and a smooth street surface for the traveling public.
(9) Manage the space below the surface to ensure safe and economical access to the City's electric, water, storm drainage and sanitary sewer systems.
(10) Manage the space below the surface to ensure safe and economical access for all current and future users of the rights-of-way.
(11) Manage the space above the surface by managing the placement of overhead facilities to minimize safety hazards, to minimize the impacts on community aesthetics and to promote development.
(b) Applicability.
(1) These standards shall apply to all work performed in the public rights-of-way and public property within the City.
(2) All contractors and public utility agencies must obtain a right-of-way permit for any work performed within the public rights-of-way prior to commencement of work.
(3) To preserve the original investment of the street and roadway systems within the City, minimize the disruption and maximize the safety to the traveling public caused by construction and reduce future maintenance problems, it shall be the City's responsibility to require that the installation of new utilities across existing streets be done by boring or tunneling wherever practical. Open cutting of existing streets for the installation of new utilities will be permitted only when it can be proven it is not possible to use boring or tunneling techniques.
(4) Applicants for right-of-way permits must plan for adequate time for review and approval by the City and any other involved agencies. Generally, the greater the scope of work, the longer the permit review and approval process will take.
(c) Definitions and abbreviations. Wherever the following words, phrases or abbreviations appear in these standards, they shall have the following meanings:
As-constructed drawings means a set of construction drawings that has been red-penciled or otherwise marked to record all changes which have occurred during the construction.
CDOT means the Colorado Department of Transportation.
City means the City of Glenwood Springs, Colorado.
City Engineer means the City Engineer, or his/her authorized representatives acting on behalf of the entity.
Contractor means a person, partnership or corporation duly bonded, licensed and insured to perform work within public rights-of-way in the City.
Driveway, rural means that portion of gravel or hard-surfaced roadway from the street, roadway or alley to the private property line to gain access to the private property.
Driveway, urban means that portion of Portland cement concrete or asphalt extending from the street gutter lip to the property line for the full width of access from the public right-of-way to the private property.
Engineering plans means drawings, plans, profiles, cross-sections and other required details for the construction of public or private improvements within the public rights-of-way or public easements, conforming with the City's applicable improvement standards.
Functional classification means the objective grouping of roads, streets and highways into integrated systems, each ranked by their relative importance to the general welfare, the motorists and land use.
Improvement standards means a set of specifications and standards established by the City setting forth the details, specifications, instructions and procedures to be followed in the planning, design, installation and construction of public or private improvements within the public rights-of-way or public easements.
Inspector means an authorized representative of the City Engineer assigned to make inspections for contract performances, standards and contract compliance.
MUTCD means the current edition of the Manual on Uniform Traffic Control Devices (Federal Highway Administration).
OSHA means the Occupational Safety and Health Administration.
Right-of-way (R.O.W.) means any strip or area of land, including surface, overhead or underground, granted by deed, easement, dedication, prescription or lease, for construction and maintenance according to designated use, such as for streets and highways, drainage ditches, irrigation canals, etc.
Right-of-way permit means an official document issued by the City authorizing the performance of a specified activity or work within public rights-of-way and public easements by a person, contractor, company, firm, corporation or public utility licensed to do business in the City.
Street is a general term denoting a public way for purposes of vehicular, pedestrian and bicycle travel ways, including the entire area within the right-of-way (includes alleyways) and any constructed facility within the right-of-way.
Traffic control supervisor (TCS) means a well-trained and knowledgeable individual assigned the responsibility for traffic control devices at worksites. The TCS must be ATSSA (American Traffic Safety Services Association) or CCA (Colorado Contractor's Association) certified.
Traffic Engineer means the City Engineer or person responsible for monitoring traffic in the City.
UNCC means the Utility Notification Center of Colorado (commonly referred to as "One Call"). It is the statewide clearinghouse for coordinating and scheduling utility locates. Most utilities, both public and private, utilize this service. The toll-free phone number for UNCC is 1-800-922-1987.
(d) Specific conditions.
(1) Traffic control plans. A Traffic control plan (TCP) shall be submitted prior to or submitted with the permit application for all proposed work in or on arterial and collector streets for approval by the City Engineer. Work in or on residential streets typically does not need a separate TCP, but all signs, barricades and other necessary traffic control devices shall be placed in accordance with the MUTCD, Part VI. All the work described above shall be performed by a TCS.
(2) Traffic flow during peak hours. No interference with traffic flow on arterial or collector streets shall be permitted during the hours of 7:00 a.m. to 8:30 a.m. or from 4:30 p.m. to 5:30 p.m. unless authorized in writing by the City Engineer.
(3) End-of-day lane conditions.
a. Asphalt street. When work is stopped for the day, all lanes of an arterial or collector street shall be opened to traffic unless approved by the City Engineer. A traffic lane shall be considered satisfactorily open only if it is paved with hot or cold mix asphalt paving, except when the City Engineer allows an alternate temporary surface at its discretion.
b. Concrete street. When work is stopped for the day, all lanes of an arterial or collector street shall be opened for traffic. A traffic lane shall be considered satisfactorily open only if it is surfaced with a temporary asphalt surface. In the event the street surface has been replaced in the same day as the excavation was made, the repaired areas should be properly barricaded to protect the concrete during the curing stage.
(4) Inspection requests. It shall be the responsibility of the person performing the work authorized by the permit to notify the City Engineer that such work is ready for inspection. The City Engineer requires that every request for inspection be received at least twenty-four (24) hours before such inspection is desired. Such request may be in writing or by telephoning or faxing the City Engineer.
(5) Minimum concrete removals and replacements. Removal and replacement shall be to existing joints.
(6) Road closures. Road closures will only be allowed with the approval of the City Engineer.
(7) Permit Fees. Permit fees shall be as follows:
a. Base fee: Permit applicants will be assessed a fifty-dollar fee for review and processing of the permit and associated documents. This will apply to each permit application submitted.
b. Service installations: Service installations which attach to existing utilities will not be assessed in addition to the base fee.
c. Street cuts including vertical boring of surfaces more than five (5) years old: Street cuts of surfaces more than five (5) years old shall be assessed thirty-five cents ($0.35) per square foot of surface cut in addition to the base fee.
d. Street cuts including vertical boring of surfaces less than five (5) years old: Street cuts of surfaces less than five (5) years old shall be assessed five dollars ($5.00) per square foot of surface cut in addition to the base fee.
e. Horizontal boring: Horizontal boring shall be assessed ten cents ($0.10) per lineal foot of bore in addition to the base fee.
f. Curb, gutter and sidewalk cuts: Curb, gutter and sidewalk cuts shall be assessed thirty-five cents ($0.35) per square foot in addition to the base fee.
(8) Insurance requirements.
a. Prior to commencement of any work, the contractor shall forward certificates of insurance to the City at c/o Building Dept., 806 Cooper Avenue, Glenwood Springs, CO 81601. The insurance required shall be procured and maintained for the duration of the contract and shall be written for not less than the following amounts, or greater if required by law.
1. Comprehensive general liability on an occurrence form (including premises operations; independent contractors; products and completed operations; broad form property damage as appropriate):
a). Bodily injury: one million dollars ($1,000,000.00) aggregate/five hundred thousand dollars ($500,000.00) each occurrence.
b). Property damage: one million dollars ($1,000,000.00) aggregate/five hundred thousand dollars ($500,000.00) each occurrence.
2. Products and completed operations to be maintained for one (1) year after final payment. The contractor shall continue to provide evidence of such coverage to the City on an annual basis during the aforementioned period (as appropriate).
b. All insurance policies shall include the City and its elected officials and employees as additional insureds as their interests may appear.
c. The City reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Property and liability insurance companies shall be licensed to do business in the State and shall have an AM Best rating of not less than B+ and/or VII.
d. Certificates of insurance on all policies shall list the City of Glenwood Springs, c/o Risk Management, 806 Cooper Avenue, Colorado as certificate holder.
e. Certificates of insurance on all policies shall give the City written notice of not less than thirty (30) days prior to cancellation or change in coverage.
Any deviations from the insurance standards given above must be approved by the Engineering Department. (Ad 5-02 §1)
(Ad 5-02 §1)
090.045.020 Permit application process.
(a) Minimum submittal deadlines. A completed form, together with all required submittals and all copies, shall be submitted to the City a minimum of forty (40) work hours (not including Saturdays and Sundays) prior to the proposed start of work. It is the applicant/contractor's responsibility to submit a complete application. Incomplete submittals will not be reviewed.
(b) Submission of plans. Drawings or plans that clearly indicate the proposed work must be attached to the permit application. These drawings must be to a working scale and must show position and location of work, street/road names/numbers, widths of streets, property lines, topographic and manmade features, existing drainage patterns, etc. Plans shall show the relative position of proposed work to existing utilities and existing improvements and shall be drawn to a scale of one (1) inch equals fifty (50) feet or larger and shall include a north reference.
(c) Submission of traffic control plans. Traffic control plans shall show in detail the proposed work area location and the traffic control devices being proposed. Such plan shall be on paper at least eight and one-half (8½) by eleven (11) inches and may be faxed, mailed or brought to the office of the City Engineer a minimum of forty (40) work hours prior to issuance of the permit. Traffic control plans may require more detail than normal at the discretion of the City Traffic Engineer due to unique or unusual conditions. Traffic control shall also include construction traffic routing requirements.
(d) Payment of fees. Permits shall not be issued until all applicable fees have been paid.
(e) Review of submittals. The completed submittals will be reviewed by the City. If additional information is needed, the applicant will be contacted. The City will check to make certain that the applicant has provided the required bond, license and insurance certificates.
(f) Approval of submittals. Once the permit form and all required submittals have been reviewed and found to be complete, the permit may be approved by the City.
(g) Issuance of permit. The approved permit is issued to the applicant. Any modifications to the approved permit, including any schedule or scope changes, must be submitted in writing to the City for its review and approval. The applicant is solely responsible for all work for a period of two (2) years following the project completion.
(h) Other permits. Permit applicants are responsible for obtaining separate permits or permission as may be required. Examples may be when work is proposed within state highway, railroad or irrigation company rights-of-way, or private property (Ad. 5-02 §1)
(Ad 5-02 §1)
090.045.030 Construction details.
(a) General conditions. The following general conditions apply to all work done within the public rights-of-way, such as utility line installation or repairs performed by any contractor or utility department, public or private.
(1) Protection of existing improvements.
a. The contractor shall at all times take proper precautions and be responsible for the protection of existing street and alley surfaces, driveway culverts, street intersection culverts or aprons, irrigation systems, mailboxes, driveway approaches, curb, gutter and sidewalks and all other identifiable installations that may be encountered during construction.
b. The contractor shall at all times take proper precautions for the protection of existing utilities, the presence of which are known or can be determined by field locations of the utility companies. The contractor shall contact the UNCC (One Call) at 1-800-922-1987 for utility locates a minimum of two (2) working days prior to his/her proposed start of work.
c. Existing improvements to adjacent property such as landscaping, fencing, utility services, driveway surfaces, etc., that are not to be removed shall be protected from injury or damage resulting from the contractor's operations.
d. The contractor shall at all times take proper precautions for the protection of property pins/corners and survey control monuments encountered during construction. Any damaged or disturbed survey markers shall be replaced by a registered land surveyor at the contractor's expense.
e. The repair of any damaged improvements as described above shall be the responsibility of the permit holder.
f. The contractor shall make adequate provisions to ensure that traffic and adjacent property owners experience a minimum of inconvenience.
(2) Temporary surfaces required. When the final surface is not immediately installed, it shall be necessary to place a temporary asphalt surface on any street cut opening. The temporary surface installation and maintenance shall be the responsibility of the permittee until the permanent surface is completed and accepted. It shall be either a hot mix or cold mix paving material. Temporary surfaces shall be compacted, rolled smooth and sealed to prevent degradation of the repair and existing structures during the temporary period. Permanent patching shall occur within two (2) weeks except as outlined by the City in the permit.
(3) Pavement patches. All permanent pavement patches and repairs shall be made with "in-kind" materials. For example, concrete patches in concrete surfaces, full depth asphalt patches with full depth asphalt, concrete pavement with asphalt overlay patches will be expected in permanent "overlaid" concrete streets, etc. In no case is there to be an asphalt patch in concrete streets or concrete patch in asphalt streets. Any repair not meeting these requirements will be removed and replaced by the contractor at his/her expense. Refer to Section 090.045.040 for details.
(4) Work to be done in expedient manner. All work shall be done in an expedient manner. Repairs shall be made as rapidly as is consistent with high-quality workmanship and materials. Use of fast-setting concrete and similar techniques are encouraged whenever possible without sacrificing the quality of repair. Completion of the work, including replacement of pavement and cleanup, shall normally be accomplished within two (2) weeks after the repair work or activity involving the cut is done. Extension of time for completion shall be with the written approval of the City Engineer. If the repairs are not completed in the allotted time, the City has the right to repair the street at the contractor's expense.
(5) Removal and replacement of unsatisfactory work. Removal and replacement of unsatisfactory work shall be completed within fifteen (15) days of written notification of the deficiency unless deemed an emergency requiring immediate action. In the event the replacement work has not been completed, the City will take action upon the contractor's bond to cover all related costs.
(b) Excavation.
(1) Excavation shall consist of removal of all material necessary for the construction of the roadway section to the subgrade elevation, line and grade shown on the plans or as specified in the contract documents. Unacceptable material, defined as any earthen material containing vegetable or organic silt, topsoil, frozen material, trees, stumps, certain manmade deposits, industrial waste, sludge or landfill, or other undesirable materials will be categorized as "unclassified excavation" and removed from the site and disposed of in accordance with applicable city, state and federal requirements. All tree stumps and roots shall be removed to a minimum of two (2) feet below subgrade. Unclassified excavation includes any and all earthen materials encountered, including rocks and boulders measuring less than one-half (½) cubic yard in volume, during construction.
(2) Any work on trees, including roots, must be reviewed by the City.
(3) Excavation shall be performed in a careful and orderly manner with due consideration given to protection of adjoining property, the public and workmen. Any damage to streets, parking lots, utilities, irrigation systems, plants, trees, buildings, structures or private property, or the bench marks and construction staking due to the negligence of the contractor, shall be repaired and restored to its original conditions by the contractor at his/her expense. Those areas that are to be saved will be clearly fenced off by the contractor per the owner's instructions, and it will be the contractor's responsibility to ensure that these areas are not damaged during the construction process. Following completion of construction, should any of these trees, shrubs or irrigation facilities, etc., require replacement, it shall be done at the contractor's expense.
(4) All materials determined acceptable by the City Engineer acquired from roadway excavations may be used for embankment fill and backfill as needed. The entire area in the vicinity of the construction where excavation and filling has been performed shall be raked clean of all trash, wood forms and debris, after completion of the work, with no additional cost to the owner. Material removed in excavation and not acceptable or not required for embankment fill or backfill shall be disposed of by the contractor. It shall not be wasted on private property without written permission of the property owner. Waste banks shall be left with reasonable smooth and regular surfaces.
(5) The construction of any repair activity within the street or alley rights-of-way shall be accomplished by open cut, jacking, boring, tunneling or a combination of these methods as approved by the permit. The City Engineer shall approve any change from the approved permit.
(6) Trenches shall be excavated along the lines and grades established and in no case shall be more than two hundred (200) feet in length, or be trenched or backfilled in noncontinuous sections unless approved by the City Engineer. Failure by the contractor to comply with these requirements may result in an order to stop the excavation in progress until compliance has been achieved.
(7) All excavated material shall be stockpiled in a manner that does not endanger the work or workers and that does not obstruct sidewalks, streets and driveways. No stockpiled materials shall be allowed on the asphalt surface or adjacent walkways. The work shall be done in a manner that will minimize interference with traffic and/or drainage of the street. The contractor at the end of each day shall barricade all excavations and ditch lines, remove excess material from travel ways and thoroughly clean all streets, alleys and sidewalks affected by the excavation. If it becomes necessary to accomplish this, all streets, alleys (if asphalt or concrete) and sidewalks shall be swept or washed as required by the City Engineer.
(8) Materials encountered during excavation such as rubbish, organic or frozen material, and any other material that is not satisfactory for use as backfill in the opinion of the City Engineer, shall be removed from the site and disposed of daily by the contractor at his expense. Stones, concrete or asphalt chunks larger than six (6) inches or frozen material shall be considered unsatisfactory backfill and removed by the contractor.
(9) All excavation, shoring, trenching and the like shall comply with OSHA's "Construction Industry Standards" as well as all applicable federal and state regulations.
(10) No tracked vehicles shall be allowed on asphalt or concrete unless approved by the City Engineer.
(11) Crossings under sidewalks or curbs may be made by tunneling only when approved by the City Engineer. If the contractor elects to remove a portion of the sidewalk or curb, the applicable City standards shall be followed.
(12) Grading shall be done as necessary to prevent surface water from entering the excavation; any other water accumulation therein shall be promptly removed. Surface drainage, driveways, fire hydrants, manholes, water valves, etc., of adjoining areas shall be unobstructed.
(13) When soft or unstable material or rock is encountered in the trench subgrade that will not uniformly support the pipe, such material shall be excavated to additional depths directed by the City Engineer and backfilled with Type B material.
(c) Blasting. Blasting is generally not permitted within the City. If there is no other reasonable option, the City will consider the applicant's request for blasting. If allowed, the following minimum standards may apply.
(1) The contractor's blasting procedures shall conform to federal, state and local laws and ordinances. The contractor shall acquire all required permits prior to the start of blasting.
(2) Blasting for excavation will be permitted only after securing the approval of the City Engineer. The City Engineer will fix the hours of blasting. The contractor shall use the utmost care to protect life and property. All explosives shall be safely and securely stored in compliance with local laws and ordinances, and all storage places shall be clearly marked "Dangerous Explosives." No explosives shall be left unprotected where they could endanger life or property.
(3) When blasting in trenches, the contractor shall cover the area to be shot with earth backfill or approved blasting mats. Prior to blasting, the contractor shall station flaggers and provide signals of danger in suitable places to warn people and stop vehicles. The contractor shall be responsible for all damage to property and injury to persons resulting from blasting or accidental explosions that may occur in connection with the use of explosives.
(d) Equipment.
(1) The use of trench-digging equipment will be permitted in places where its operation will not cause damage to existing structures or features, in which case hand methods shall be employed.
(2) No tracked vehicles shall be permitted on streets unless approved by the City Engineer. When tracked vehicles are allowed, existing facilities will be restored to original condition at the contractor's expense.
(3) Construction equipment and material delivery routing will be made a condition of the permit.
(e) Dewatering. Where groundwater is encountered in the excavation, it shall be removed to avoid interfering with the work. It is the contractor's responsibility to comply with all federal, state and local permitting requirements prior to beginning any dewatering operations.
(f) Removals.
(1) Streets, paved.
a. Bituminous pavement shall be saw cut to clean, straight lines and should be perpendicular or parallel to the flow of traffic. (See Section 090.045.040(b)(2)(a)).
b. In existing pavement, all excavations within thirty-six (36) inches of the edge of the asphalt shall require removal and replacement from the edge of asphalt to the excavation edge.
c. Concrete pavement, cross-pans, driveways, streets and alleys shall be removed to neatly sawed edges cut to full depth.
(2) Streets, gravel.
a. When trenches are excavated in streets or alleys which have only a gravel surface, the contractor shall replace such surfacing on a satisfactory compacted backfill with gravel conforming to CDOT Class 6 aggregate base course. Gravel replacement shall be one (1) inch greater in depth to that which originally existed, but not less than four (4) inches. The surface shall conform to the original street grade. Where the completed surface settles, additional gravel base shall be placed and compacted by the contractor immediately after being notified by the City to restore the roadbed surface to finished grade.
b. Some streets may have been treated with a special surface treatment to control dust and/or bind the aggregates together. In these cases, the contractor is responsible for installing the gravel surface in the same manner as what was existing. Such surface treatments shall be of the same chemical composition as what existed prior to the excavation work. The City Engineer shall note on the permit the surface treatment that will be required.
(3) Concrete curb, gutter and sidewalk. Concrete shall be removed to neatly sawed edges to full depth for sidewalks and curb and gutter and shall be saw cut in straight lines either parallel to the curb or perpendicular to the alignment of the sidewalk or curb. Any removal shall be done to the nearest joint. Replaced sections may require doweling connections if required by the City Engineer.
(g) Backfill.
(1) Flowable-fill.
a. Flowable-fill will be required as utility trench backfill for all trenches unless otherwise approved by the City Engineer. Refer to Section 090.045.050 for compaction requirements. This requirement applies to all pavement and gravel locations. Flowable-fill vibration may be required.
b. The recommended mix for flowable-fill is shown below. Concrete backfill will not be allowed within the public right-of-way. Flash-fill may be used if approved by the City Engineer. Refer to CDOT Specification 206.02.
|
Ingredients |
Pounds/Cubic
Yard |
|
Cement
|
42
(0.47 sack) |
|
Water |
235
(39 gallons or as needed) |
|
Coarse
Aggregate (Size No. 57) |
1700 |
|
Sand
(ASTM C-33) |
1845 |
c. The maximum desired twenty-eight-day strength is sixty (60) psi. The above combination of material, or an equivalent, may be used to obtain the desired "flowable-fill."
d. Flowable-fill or flash-fill shall be prohibited as a temporary or permanent street surface. Trenches shall initially be backfilled to the level of the original surface. After the flowable-fill has cured, the top surface of the flowable-fill shall be removed and the temporary or permanent surface shall be placed.
e. Bridging and cutback requirements as described in these standards may still be required if the street failures indicate a clear need.
f. Repair of failed trenches will be the responsibility of the party requiring the trench.
(2) Conventional backfill (other than flowable-fill).
a. When "non-flowable-fill" backfill material has been preapproved by the City Engineer, backfill in existing or proposed streets, curbs, gutters, sidewalks and alleys shall be a Class 6 aggregate.
b. Maximum dry density of all soil types used will be determined in accordance with AASHTO T 99 or AASHTO T 180. These densities will be determined prior to placement of backfill.
c. When a hydro-hammer or drop hammer compaction machine is used for compaction of fill in trenches, the maximum layer shall be thirty (30) inches.
(3) Compaction testing requirements. See Section 090.045.050.
(4) Embankment and slopes. The City Engineer shall approve all fill material. All cut slopes shall conform to OSHA standards.
(h) Restoration.
(1) Bore holes, vertical and horizontal.
a. For openings less than or equal to six (6) inches in diameter, bore holes shall be filled with patching material (cold mix is not acceptable) to prevent entry of moisture. Patching material used shall be in all cases compatible with the existing surface. Subgrade shall be replaced with flowable-fill to provide necessary support to the surface. The sealing of bore holes is the responsibility of the contractor or person making the bore.
b. For openings greater than six (6) inches in diameter, the limits of repair shall be identified in the permit.
c. The completed job shall be flush with the surrounding pavement and have no indentations, pockets or recesses that may trap and hold water.
(2) Subgrade.
a. The subgrade for the pavement structure shall be graded to conform to the cross-sections and profile required by the construction plans. Prior to the placement of aggregate base course or subcourse, the subgrade should be properly prepared. The subgrade should be scarified to a minimum depth of six (6) inches, moisture adjusted as necessary and recompacted to not less than the following:
1. For cohesive soils, ninety percent (90%) maximum Modified Proctor dry density at two percent (2%) of optimum moisture content, or ninety-five percent (95%) maximum Standard Proctor dry density at two percent (2%) of optimum moisture content.
2. For noncohesive soils, ninety-two percent (92%) maximum Modified Proctor dry density at two percent (2%) of optimum moisture content, or ninety-seven percent (97%) maximum Standard Proctor dry density at two percent (2%) of optimum moisture content.
3. For expansive soils, eighty-eight percent (88%) maximum Modified Proctor dry density at three percent (3%) or greater above optimum moisture content, or ninety-three percent (93%) maximum Standard Proctor dry density within one percent (1%) or greater above optimum moisture content. For highly expansive soils (swell potential two percent [2%] under two hundred [200] psf surcharge pressure), paving will not be permitted without a subgrade treatment approved by the City Engineer.
b. Prior to approval to place the base or subbase course, all utility main and service trenches shall be compacted to not less than the above-referenced densities required for the given soil classification. This density requirement also applies to all utility trenches within the public rights-of-way from a point four (4) feet beyond the edge of asphalt and descending at 1:1 outward.
(3) Asphalt surfacing.
a. Any damage, even superficial, to the existing asphalt surface in the vicinity of the work shall be repaired at the expense of the contractor, including but not limited to gouges, scrapes, outrigger marks, backhoe bucket marks, etc. A slurry seal type covering will be considered the minimum repair. Patching may be required, at the discretion of the City.
b. The depth of asphalt patches in asphalt streets shall typically be the depth of the existing asphalt surface plus two (2) inches, or as specified by the City Engineer.
c. The asphalt patch area for street excavations that fall within the wheel path of the vehicular travel lane shall be increased in size to the center of the lane or adjacent lane. In no circumstance will the edge of a patch area be allowed to fall within the wheel path.
d. All street cuts shall be patched as per the standards of Subsection (4) below.
e. In streets that are less than five (5) years old, the City reserves the right to deny any street excavation or require repairs that are over and above these specifications.
f. EXCEPTIONS: There may be situations where the patching standards are considered inappropriate. For example, rebuilding one-half (½) of a road today when it is known that the road is due for reconstruction at a different profile in two (2) to three (3) years. In these cases, the permit holder can provide a more modest patch adequate to accommodate traffic for the two-to-three-year period. In addition, the permit holder may be required to make a financial contribution to the street maintenance, rehabilitation or reconstruction program to support the more permanent improvements that are anticipated. This determination shall be made by the City Engineer.
(4) Concrete surfacing and patching.
a. The concrete pavement shall be replaced with four thousand (4,000) psi concrete to match the finish and thickness of the existing pavement, but not less than eight (8) inches thick. All concrete construction shall be protected from vehicular traffic, including contractor vehicles, until the concrete has achieved eighty percent (80%) of its ultimate strength. Concrete shall be coated and sealed with a uniform application of membrane curing compound applied in accordance with manufacturer's recommendations.
b. The use of quick-curing concrete (three thousand [3,000] psi strength within forty-eight [48] hours) shall be used on all arterial and collector streets when repair areas are less than five hundred (500) square feet or when temperatures are below forty (40) degrees F. Quick-curing concrete repairs may be opened to traffic within two (2) days or when the concrete has achieved eighty percent (80%) of its ultimate strength.
c. Where existing cracks or damage are adjacent to the area being repaired, the repair area shall include the cracked or damaged concrete. Pavement repairs shall include all areas of damage, including leak test holes, pot holes and equipment and/or material scarring of the existing surface.
d. When repairing concrete, the removal perimeter shall be saw-cut and replacement concrete shall be doweled into the old concrete as directed by the City Engineer.
(5) Joint filling.
a. Asphalt. Following placement of the asphalt surface, the joints where the new asphalt abuts the old shall be sealed with a fog or painted coat of bitumen cement.
b. Concrete. Joints shall be thoroughly cleaned of all foreign material then filled with a hot-poured elastic type joint filler conforming to M 173, ASTM D1190-80, ASTM D1751-83, D1752-84, D3405-78, D3406-78, D3407-78 or silicone sealants or others as approved by the City Engineer. Joint material shall be filled to within one-half (½) inch of the surface. Excess material shall be scraped off to provide a smooth riding surface. (Ad 5-02 §1)
(Ad 5-02 §1)
090.045.040 Developing a quality approach to street repairs.
(a) General.
(1) Every street and street repair situation is unique. Design criteria and construction standards cannot address every situation but, in order to maintain some form of consistency, these standards have been developed. In most cases, they provide the minimum acceptable standards for construction or repair. Consequently, when strictly applied, they will provide the minimum acceptable product. Therefore, this criteria has been developed to maintain the same integrity of the street pavement and subsurface condition prior to its being cut for utility installations.
(2) To achieve the goal of "quality" or "excellence" in street repairs, these criteria shall be viewed as standards when used in conjunction with good planning and judgment. This will restore the street to an acceptable condition with minimal patching failures. In most cases, it will be necessary to exceed the minimum standards to achieve a quality repair.
(3) Issues that shall be considered in a quality approach to street repairs are contained in this Section.
(b) Appearance. Does the final appearance of the street suggest the repairs were planned or that they happened by accident?
(1) Consciously or not, the driving public "rates" the appearance of the street system, including street repairs, every day. Street repairs which are satisfactory from a functional point of view may produce a negative reaction from the public if they give the appearance of being poorly planned or executed.
(2) The public's perception of street repairs is based primarily on shape, size and orientation ‑‑ the geometry of a patch. The following are some standards for the geometry of a quality patch:
a. Existing pavements should be removed to clean, straight lines parallel and perpendicular to the flow of traffic. Do not construct patches with angled sides and irregular shapes.
b. Avoid patches within existing patches. If this cannot be avoided, make the boundaries of the patches coincide.
c. Do not "leave" strips of pavement less than one-half (½) a lane in width from the edge of the new patch to the edge of an existing patch or the lip of the gutter.
d. In concrete pavements, remove sections to existing joints in the case of concrete in good repair. In damaged concrete, the limits of removal should be determined in the field by a representative of the City Engineer.
e. Asphalt and concrete pavements should be removed by saw cutting or grinding. Avoid breaking away the edges of the existing pavement or damaging the remaining pavement with heavy construction equipment.
f. In the case of a series of patches or patches for service lines off a main trench, repair the pavement over the patches by grinding and overlay when the spacing between the patches is less than seventy-five (75) feet (in cases where the existing pavement is in poor condition and may require overlay within the next few years, this requirement may be modified or waived by the City Engineer).
(c) Rideability. Are the transitions on and off of the repair smooth? Does the patch itself offer a smooth ride? Are the joints located outside of the normal wheel path?
(1) Completed street repairs should have rideability at least as good as, if not better than, the pavement prior to the repairs. A driver may be able to see a street repair, but in the case of a quality repair, he/she should not be able to "feel" it in driving normally down the street.
(2) Do not place overlays with feathered edges on streets of any classification. Overlays should be placed by first removing the existing pavement to the desired depth by grinding, and then placing the pavement flush with the adjacent surfaces.
(3) Surface tolerances for street repairs should meet the standard for new construction. That is, the finished surface of the street repair, when tested with a ten-foot straightedge parallel to the center line or perpendicular across joints, will show variations measured from the testing face of the straightedge to the surface of the street repair which do not exceed one-quarter (¼) inch.
(d) Pavement management. Is the repair consistent with the long-term pavement management strategy for the particular street?
(1) Street repairs should leave a pavement in a condition at least as good as, if not better than, the condition prior to the repairs.
(2) In most cases, and particularly in the cases of extensive excavation and repairs, it is desirable to survey the existing pavement condition with a representative of the City prior to the work. After completion of the work, survey the pavement condition again to verify that the pavement condition has been maintained or improved.
a. In the case of minor repairs, these pavement surveys can be made by visual observation.
b. However, in the case of major projects that involve excessive haul of materials or unusually heavy construction equipment or activity, nondestructive testing of the pavement condition before and after construction is required.
(3) Consideration of pavement management issues may also identify opportunities for joint efforts between the utilities and the City. For example, suppose that the repair of a utility line requires an overlay on one-half (½) of a street, and that the condition of the remaining one-half (½) of the street might also warrant an overlay. We may decide at that point to overlay the entire street, with the City's street authority and the utility splitting the cost of the overlay. In such a case, the utility may be able to save the cost of grinding one-half (½) the street. The City's street authority will allocate a reasonable percentage of its annual overlay program to accommodate its share of these situations. This includes minor (two-to-three-block) maintenance projects and larger capital improvement projects (major water line extension). Coordination for these types of cooperative repairs should occur as far in advance of actual construction as possible.
a. Transverse patches on arterial and collector streets shall be overlaid across the entire street width for a distance of two (2) feet minimum on all sides of the trench.
b. Do not allow the edges of patches to fall in existing wheel paths. The edges of patches parallel to the direction of traffic shall be limited to the boundaries of lanes or to the center line of travel lanes.
c. Patches should have a smooth longitudinal grade consistent with the existing roadway. Patches should also have a cross-slope or cross-section consistent with the design of the existing roadway.
(e) Future maintenance. Will the repair pose any future maintenance problems or make future maintenance more difficult?
(1) Excavations and street repairs, even well-constructed street repairs, shorten a pavement's life. Several types of street distress, settlement, alligator cracking and potholes often show up around patches. Quality street repairs should attempt to reduce the occurrence of these types of distress.
(2) Avoid weakening or destroying the existing pavement around an excavation with heavy construction equipment, stockpiling or delivery of materials, etc. When damage does occur, remove the damaged pavement, extending the limits of the street repair, before replacing the pavement. Remember, no stockpiling of backfill or road-building materials is permitted on the pavement.
a. When the proposed excavation falls within ten (10) feet of a section of failed pavement, the failed area shall be removed to sound pavement and patched. Scarring, gouging or other damaged pavement adjacent to a patch shall be removed and the pavement repaired.
b. In the case of older pavement where the likelihood of cracking and potholes next to the patch is greater, it may be necessary to extend the "shoulders" of the pavement beyond the two-foot minimum, and reinforce this area with a geotextile. "T" cutting is required for all repairs.
c. For patches in asphalt, a tack coat shall be applied to all edges of the existing asphalt before placing the new pavement. After placing the new asphalt, all seams (joints) between the new and existing pavements shall be sealed with an asphalt tack coat or rubberized crack seal material.
d. Avoid frequent changes in width of patches. For future maintenance, this simplifies removal of adjacent pavement failures.
(Ad 5-02 §1)
090.045.050 Testing.
(a) Description. The contractor is required to provide material testing for each phase of the work and at no cost to the City. The independent geotechnical testing firm chosen to perform this work for the contractor must be qualified and identified on the permit application.
(b) Testing frequencies.
(1) The number of density tests required may be increased if directed by the City Engineer. The costs of any testing, as required, shall be borne by the contractor. Proctors shall be determined prior to backfilling. Independent lab results shall be faxed to the City as soon as possible. The horizontal frequencies of density tests are as follows:
a. Utility mains: One (1) test per one hundred (100) linear feet per lift.
b. Service lines: One (1) test per each service per lift.
c. Manholes and valve boxes per each lift.
(2) Following are the minimum number of tests required for each construction activity. These tests must be submitted to the City Engineer on a daily basis as required and shall be hand-delivered or faxed to the City.
a. Native or imported backfill: One (1) test for every two (2) vertical feet and every one hundred (100) feet horizontally, or some fraction thereof, with at least one (1) test per each lift.
b. Flowable-fill: Testing may be required at the discretion of the City Engineer.
c. Concrete pavement, curbs, gutters and sidewalks: Testing to be conducted for every one hundred (100) cubic yards or portion thereof, with a minimum of one (1). The types of testing required shall be as prescribed by the City.
d. Asphalt pavement:
1. Asphalt content: One (1) test per five hundred (500) tons or fraction thereof of mix produced, minimum of one (1) test per job.
2. Gradation; aggregate: One (1) test per five hundred (500) tons or fraction thereof of mix produced, minimum of one (1) test per job.
3. In-place density: One (1) test per five hundred (500) tons or fraction thereof of mix placed, minimum of one (1) test per job.
e. Aggregate base course materials: One (1) test per four hundred (400) lane feet. No less than two (2) tests per excavation.
(Ad 5-02 §1)
090.045.060 Inspection.
(a) All construction work within the public rights-of-way shall be subject to inspection by the City Engineer, and certain types of work may have continuous inspection. It shall be the responsibility of the contractor to provide safe access for the inspector to perform the required inspections.
(b) It shall be the responsibility of the person performing the work authorized by the permit to notify the City Engineer that such work is ready for inspection. The City Engineer requires that every request for inspection be received at least twenty-four (24) hours before such inspection is desired. Such request may be in writing or by telephoning or faxing the City Engineer.
(c) The City Engineer may make or require other inspections of any work as deemed necessary to ascertain compliance with the provisions of these standards, the City's Street Design and Construction Standards or the Municipal Code. Any work performed without the required inspections shall be subject to removal and replacement at the contractor's expense, regardless of the quality of the work.
(d) Where large-scale projects exceed the ability of the City to provide inspection, the contractor or utility company will incur the cost of a private inspection firm. This inspection firm will be mutually agreed upon by the permit applicant and the City prior to issuance of the permit.
(e) Inspection fees. Inspections conducted by the City Engineer shall be billed at the rate of fifty dollars ($50.00) per hour, with a two-hour minimum for each inspection. (Ad 5-02 §1)
(Ad 5-02 §1)
ARTICLE 090.050
Street Trees
090.050.010 Purposes.
The purposes of this Article are to provide generally for the protection of trees, to ensure proper planting and maintenance of trees in the public right-of-way and in City parks, to provide for the abatement of nuisance trees on public and private property, and to provide for the proper licensing of all tree cutters doing business in the City.
090.050.020 Administration.
The Parks Superintendent is hereby appointed to administer and implement this Article. Subject to review and approval by the City Council, the Superintendent shall promulgate and make available to the public such rules, regulations and policies as are necessary to carry out the administration of this Article.
090.050.030 Trees on public property.
(a) Permit required. It shall be unlawful for any person to plant, remove, destroy or cause to be planted, removed or destroyed any tree in or upon the public right-of-way or other public property within the City without having first obtained a written permit therefor. For purposes of this Section, a development plan duly approved under the procedures set forth in Title 070 of this Code shall be considered a permit. The planting of trees and vegetation on public rights-of-way shall meet City criteria in accordance to spacing street trees, tree species from the superintendent’s list of approved street trees, and recommendations affecting blockage of street signs, street corners and vision of traffic. Plantings shall be approved by the Superintendent.
(b) Permit application. Any person desiring a permit pursuant to this Section shall make written application therefor at the office of the Superintendent upon forms furnished by the Superintendent. Such application shall set forth the name and address of the applicant, the name and address of the person doing the work, the kind or species of tree involved and the location of same, a specific description of the work to be performed and such other information as the Superintendent may require. The applicant shall, at the time of making the application, agree in writing to save and hold the City harmless and protect the City and the public at all times in connection with the work authorized by the permit.
(c) Criteria for permit issuance. The Superintendent shall base any decision to approve or deny a permit upon the extent to which the application does or does not comply with City goals, policies and plans, with the purposes of this Article and with any rules and regulations promulgated pursuant to this Article. In addition, the Superintendent shall take the following factors into account:
(1) The extent to which a tree does or may create hazards to motorists, pedestrians and other members of the public;
(2) The extent to which a tree does or may constitute a threat to public or private property, including but not limited to, buildings, streets, curbs, sidewalks, driveways and utilities;
(3) The extent to which a tree does or may interfere with solar access to public or private property;
(4) The extent to which a tree is diseased, infested, dead or dying or is susceptible to disease, infestation or death; and
(5) The extent to which a tree is or is not appropriate for the local climate and growing conditions and does or does not require extraordinary maintenance efforts.
(d) Rights of abutting property owners. Property owners shall have the right to plant and care for trees on any abutting public right-of-way in accordance with the provisions of this Section.
(1) Planting of trees or other vegetation must be approved by the superintendent, and must come from the superintendent's list of approved street trees, unless otherwise approved in writing by the Superintendent.
(2) Trees must be planted thirty feet (30) apart, unless otherwise approved in writing by the Superintendent.
(3) Planting shall be done so as not to impede vision at corners of intersections of streets, alleys, driveways and other thoroughfares of traffic, as well as of signage for such traffic.
(e) Topping prohibited. Except as provided herein, it shall be unlawful for any person to top a tree in or upon the public right-of-way or other public property within the City. For purposes of this Subsection, topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees that pose an imminent threat to property or to public safety such that other pruning practices are impractical, may be exempted from this Section at the discretion of the Superintendent.
(f) Stop orders. Whenever any work is being done contrary to the provisions of this Section, the Superintendent may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the Superintendent to proceed with the work.
090.050.040 Trees on private property.
(a) Nuisance trees. It shall be the duty of the owner of any property to adequately prune or otherwise abate any nuisance trees upon the owner's property or adjacent right-of-way after notice as required in Subsection (f) below. For purposes of this Section, nuisance trees are defined as:
(1) Trees that pose a threat to public safety or adjacent public property, including but not limited to public rights-of-way, or any tree growing over a public alley, street or highway, shall be trimmed by the owner of the property on which the tree stands, so that there shall be a clear height of fourteen (14) feet above the surface of the street, alley or highway and eight (8) feet above the surface of the sidewalks. Such owner shall remove all dead branches and stubs on such trees that are or may become a menace to travelers on public highways, streets or alleys of the City. Trees whose roots are causing upraised sidewalk slabs are hereby declared a nuisance. If a tree or its parts in any other way cause a hindrance to the general public or in any way endanger the security or usefulness of any public street, highway, alley, sewer or sidewalk as determined by the Superintendent, it is hereby declared to be a public nuisance. If the owner of such private property does not correct or remove such nuisances within a reasonable time after written notification by the Superintendent, the Superintendent shall cause the nuisance to be corrected or removed and the cost thereof shall be assessed to the owner of the property in question as required in Subsection (f) below.
(2) Trees that harbor any destructive or communicable disease or other pestilence that endangers the well-being of other trees in the City or that are capable of causing an epidemic spread of a communicable or insect infestation.
(b) Any owner or occupant of real property shall trim all trees on property owned or occupied by him/her so that the branches thereon will not interfere with public travel as more specifically required in Paragraph (a)(1) above.
(c) Any owner or occupant of any real property shall maintain all hedges and shrubbery adjacent to public sidewalks so that no part of such hedges or shrubbery shall extend over any part of a public sidewalk of the City.
(d) The trees, vegetation and turf grass on the right-of-way between the street and sidewalks shall be considered the responsibility of the adjacent landowner, including maintenance, such as watering, mowing, trimming and weed control.
(e) Injuring. It is hereby declared unlawful for any person, not the owner thereof, or without lawful authority to do so, to willfully deface, disfigure or destroy any tree or shrub or to injure, destroy, cut or pick any flower or plant located either on private ground or on any public place, thoroughfare, trails or parklands.
(f) Notice of abatement. Upon the discovery of a nuisance tree, the Superintendent shall cause written notice to be served upon the owner of the property upon which the tree is located requiring the owner to abate the nuisance within a reasonable time specified in such notice. It shall be unlawful for any person to fail to comply with the requirements of any notice given pursuant to this Section within the time specified in such notice. If the notice to abate is not complied with within the required time, the City may cause such nuisance to be abated, shall assess the costs of such assessment against the property and shall notify the owner of the amount thereof. Such assessment shall be a lien upon the property until it is paid.
090.050.050 Licensing of commercial tree cutters.
(a) Purpose. The purpose of this Section is to protect the City and the citizens thereof and to protect and preserve trees in the City by assuring a minimum level of knowledge and competency on the part of all persons engaged in the business of cutting trees in the City.
(b) License required. It shall be unlawful for any person to engage in the business of cutting, trimming, pruning or removing trees within the City without first procuring a license from the City. For purposes of this Section, business is defined as any work for which a charge is made, either by a fixed sum, price, fee, wage, percentage, barter or any combination of these.
(c) Application procedure. Any person desiring a license pursuant to this Section shall make application therefor at the Office of the Superintendent on forms to be provided by the Superintendent. Within ten (10) days after receipt of the application, the Superintendent shall examine the applicant either orally or in writing as he/she shall deem appropriate. At the discretion of the Superintendent, the examination may also include an actual demonstration of the applicant's ability. No license shall be issued or renewed without the approval of the Superintendent.
(d) Insurance. Every person granted a license under this Section shall maintain at all times workers' compensation insurance, as well as public liability and property damage insurance in the following minimum amounts: seventy-five thousand dollars ($75,000,00) coverage per occurrence, fifty thousand dollars ($50,000.00) coverage for bodily injury and death per person, and ten thousand dollars ($10,000.00) for property damage.
(e) License fees, term and renewal. No license shall be issued or renewed hereunder until the applicant has paid an annual license fee of seventy-five dollars ($75.00). Every license issued hereunder shall expire twelve (12) calendar months after it is issued. Renewal applications may be submitted at the Office of the Superintendent any time within thirty (30) days of the date the license will expire.
(f) Suspension or revocation of license. Upon the verified complaint in writing by any person, the Superintendent may suspend or revoke any license issued hereunder for violations of this Article or for violations of any rules or regulations promulgated pursuant to this Article. The complaint shall be submitted in writing to the Superintendent and shall state the date, time and place of the violation for which the suspension or revocation of said license is requested. Before suspending or revoking any license pursuant to this Section, the Superintendent shall first mail, by certified mail, a copy of the complaint to the license holder and give notice to the license holder of a date, not less than five (5) days after the date of mailing of such notice, on which the Superintendent will hold a hearing to determine whether or not such license should be suspended or revoked.
(g) Appeal of suspension or revocation. In the event of any suspension or revocation of a license by the Superintendent, the licensee shall have the right to appeal such suspension or revocation to the City Manager and thence to the City Council. An appeal of the Superintendent's decision must be submitted in writing to the Superintendent within ten (10) days after the suspension or revocation of the license or, if an appeal for the decision of the City Manager, within ten (10) days of his/her decision. The City Manager or the City Council shall have the power to affirm, reverse or modify the decision of the Superintendent or City Manager, respectively. (Ad 33-83 §5; R & Re 29-97 §§1, 2)
(Ad 33-83 §5; R & Re 29-97 §§1, 2)
ARTICLE 090.060
Vandalism
090.060.010 Vandalism prevention.
The City Manager shall establish a regular program of offering a reward, not to exceed two hundred fifty dollars ($250.00), for information leading to the arrest and conviction of persons who engage in vandalism within the City. Such reward shall be derived from the annual budget and appropriation for public safety. Such reward shall be paid by the City upon certification of the City Manager that the same has been earned as set forth in this Section. For purposes of this Section, vandalism shall mean the willful or malicious destruction, damage or defacement of public or private property, for which criminal sanctions are imposed under this Code or pertinent state laws. (Ad 31-86 §1)
ARTICLE 090.070
Newsracks
090.070.010 Newsracks regulated.
It shall be unlawful to place or maintain a newsrack on property owned by the City or on other publicly owned sidewalks without complying with the provisions of this Article regulating size, color, maintenance, location and liability. (Ad 19-98 §1)
090.070.015 Definition.
For the purpose of this Article, newsrack means any outdoor self-service or coin-operated container, rack or structure used or maintained for the distribution of newspapers, news periodicals or other printed material. (Ad 19-98 §1)
090.070.020 Newsracks allowed only in specified areas.
(a) Newsracks on City-owned property or on publicly owned sidewalks shall be lawful within the General Improvement District ("GID"), as it is defined and amended by ordinance from time to time, at the six (6) locations currently in use on the effective date of this ordinance and in the size and color specified herein. Such locations are as follows:
(1) 9th Street and Colorado (Post Office);
(2) 9th Street and Grand Avenue (Northeast corner);
(3) 8th Street and Colorado (County Building);
(4) 8th Street and Grand Avenue (Southwest corner);
(5) 8th Street and Cooper Avenue (Northwest corner); and
(6) 10th Street and Grand Avenue (Southeast corner).
(b) Outside the GID, those existing newsracks that substantially conform to the provision of this Article may remain in their present locations subject to other relevant provisions of this Article. (Ad 19-98 §1)
090.070.025 Newsrack specifications.
Anyone desiring to use, operate, place or maintain newsracks on City-owned property or publicly owned sidewalks located in the City's GID shall provide, at his/her expense, an adequate number of K-4916 or K-100 modular racks with pedestals to house his/her publications. All such racks shall be beige in color only. All other newsracks located outside the GID and on City-owned property or publicly owned sidewalks may continue without restriction. (Ad 19-98 §1)
090.070.030 Maintenance of newsracks.
Anyone using, operating, placing or maintaining a newsrack on City-owned property or publicly owned sidewalks shall be responsible for the maintenance and upkeep of his/her respective racks. Such maintenance shall include, but not be limited to, painting, disposing of trash and debris in the vicinity of the newsrack, working operation and adequate anchorage. Failure to adequately maintain any newsrack resulting in failure to comply with the aesthetic intentions and goals of this ordinance shall subject the affected newsracks to removal by the City. (Ad 19-98 §1)
090.070.035 Hold harmless.
Anyone owning, maintaining, placing, using or leasing a newsrack on City-owned property or publicly owned sidewalks shall indemnify, defend and hold the City and its officers and employees harmless for any loss or damage, including attorney's fees, arising out of the use, placement, maintenance or leasing of such newsrack(s). (Ad 19-98 §1)
090.070.040 Insurance requirements.
Anyone owning, placing, leasing, using or maintaining a newsrack on City-owned property or publicly owned sidewalks shall maintain liability insurance with a company, insuring against all liability that the owner, lessor or user of the newsrack may incur by virtue of the placement, care, use, operation and existence of the newsrack. Such insurance shall have limits as required by the Colorado Governmental Immunity Act to protect the City from any and all liability associated therewith. The insurance shall name the City as an additional insured and shall not be cancelable without thirty (30) days' prior written notice to the City. In lieu of such insurance, a waiver of such insurance may be obtained from the Director of Community Development upon a showing, acceptable to the City Attorney, that such person has sufficient unencumbered assets available for attachment and execution to satisfy any judgment that would be rendered against it, up to and including three hundred thousand dollars ($300,000.00). Evidence of insurance or evidence of sufficient assets, as the case may be, shall be provided to the Director of Community Development on an annual basis. Failure to comply with this provision of this Article will subject the newsrack to immediate removal by the City. (Ad 19-98 §1)
090.070.045 Location restrictions.
No newsrack shall be located adjacent to any mailbox, post, pole, water feature, art or monument or adjacent to or within any raised planter, except when pedestrian circulation space between such items and the newsrack is not needed and sufficient space for maintenance of such items and newsracks is provided or in a manner that unsafely:
(1) Impedes or interferes with the reasonable use of a crosswalk, display window or building entrance;
(2) Impedes or interferes with the reasonable use of any bench, trash receptacle, bicycle rack, driveway, alley or bus shelter;
(3) Interferes with the reasonable use of any fire hydrant, traffic signal box or other emergency facility;
(4) Impairs or interferes with pedestrian traffic;
(5) Interferes with or impairs the vision of operators of vehicles at street intersections;
(6) Reduces the clear, unimpeded sidewalk width to;
a. Ten (10) feet on sidewalks over twelve (12) feet in width; or
b. Less than three-quarters (¾) of the width of the sidewalk on sidewalks less than twelve (12) feet, with a four-foot minimum.
In determining an unimpeded sidewalk, features such as fire hydrants or similar structures shall be considered. (Ad 19-98 §1)
090.070.050 Location changes.
So long as the provisions of this Article are complied with, newsracks may be allowed at additional locations within the GID upon the approval of the City and after considering the safety aspects of such new location outlined in prior sections herein. Should the City fail to approve any new location request, it shall inform the requester of its decision in writing, giving the specific reasons for such nonapproval. (Ad 19-98 §1)
090.070.055 Rights granted.
The approval of any location for use as a newsrack shall not be construed as granting the user any right or interest to or in the property owned by the City. The rights granted by this Article are merely a license to use the property for permitted purposes, subject to the provisions of this Article. (Ad 19-98 §1)
090.070.060 Anchorage of newsracks.
Newsracks shall be anchored with bolts to the sidewalk at their respective sites. Newsracks may not be anchored to trees, posts or poles with chains, rope, cable or otherwise. The permittee shall be responsible for any damage or repairs caused or necessitated by the removal or installation of any newsrack to bring the site to its original condition, ordinary wear and tear excepted. (Ad 19-98 §1)
090.070.065 Nonemergency newsrack removal.
(a) Notice. If at any time it is determined by the City that a newsrack is not in compliance with the requirements of this Article, a "Notice of Intent to Remove" shall be issued in writing and affixed to the affected newsrack. Such notice shall state the violation that constitutes the basis of the proposed removal. The notice shall contain the date, time and place for hearing to be held before removal. (Ad 19-98 §1)
(b) Hearing. The hearing shall be held not less than ten (10) days after the date of service of notice. Prior to the hearing, the newsrack owner or user may file a written response to the notice specifically setting forth the reasons the newsrack should not be removed. At the hearing, the Director of Community Development shall determine whether the newsrack complies with the provisions of this Article. In the event the Director of Community Development determines that the newsrack is not in compliance with this Article, the newsrack shall be removed by the owner or user within ten (10) days or otherwise brought into compliance. If the newsrack is not removed as required, the City may consider the newsrack abandoned, remove the newsrack and dispose of it as it would other surplus property of the City.
(c) Appeal. Any decision or order may be appealed to the Planning and Zoning Commission. Any appeal shall be filed in writing within ten (10) days after the decision of the Director of Community Development and shall specify the basis for the appeal. The Commission shall consider the appeal based on the written submissions only.
(Ad 19-98 §1; A 13-06, §2)
090.070.070 Emergency newsrack removal.
(a) Removal. In the event that it is determined by the City that the location or operation of the newsrack constitutes an immediate physical threat to public life, safety or health, the newsrack may be removed by the City immediately without any prior nonce or hearing. This provision shall not be enforced in any way related to the content or expressions of the material distributed by the newsrack.
(b) Notice and hearing. In the event of such an emergency removal, the City shall immediately contact the newsrack's owner or user, if known, and inform the representative of the removal and the reasons therefor. If requested by the representative, the City shall hold an immediate hearing before the Director of Community Development to determine whether or not the removed newsrack constituted an immediate threat to the public's life, safety and health. In the event that the Director of Community Development determines that the newsrack did not constitute such an immediate threat, the City shall immediately, at its own expense, replace the newsrack to its original location. In the event that no immediate hearing is requested by the newsrack's owner or user, a hearing as provided in Section 090.070.065 above shall be held.
(c) Appeal. Any decision or order may be appealed to the Planning and Zoning Commission. Any appeal shall be filed in writing within ten (10) days after the decision of the Director of Community Development and shall specify the basis for the appeal. The Board shall consider the appeal based on the written submissions only.
(Ad 19-98 §1; A 13-06, §2)
090.070.075 Unauthorized newsracks.
Any newsrack on City-owned property or publicly owned sidewalks, except those that comply with the regulations of this Article, shall be impounded by the City without prior notice or hearing. The City shall make reasonable efforts to determine the owner of the newsrack and shall notify the owner of the impoundment. The owner of any impounded newsrack shall be responsible for the expense of removal and storage of such newsrack. If the owner fails to reclaim the impounded newsrack and pay the expenses of removal and storage within thirty (30) days after notice of impoundment, the newsrack may be deemed unclaimed property and may be disposed of in the same manner as other unclaimed or surplus City property. (Ad 19-98 §1)
090.070.080 Noncomplying designs within General Improvement District.
Newsracks located or to be located in the GID must comply with the provisions of this Article no later than September 1, 1998. Failure to comply by this date will result in the immediate removal and disposal of any noncomplying newsrack by the City. (Ad 19-98 §1)