HomeMy WebLinkAboutOrdinance-1995-0987
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INTRODUCED BY COUNCILMEMBER EDWARDS
COUNCIL BILL NO. 80 ORDINANCE NO. 987
Series of 1994
TITLE:
AN ORDINANCE REPEALING AND REENACTING SECTION 21-1
THROUGH SECTION 21-100, STREETS AND SIDEWALKS, OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Sections 21-1 through Sections 21-100, STREETS
AND SIDEWALKS, of the Code of Laws of the city of Wheat Ridge is
hereby repealed in its entirety and is hereby reenacted as
follows:
Article I
Sec. 21-01
Definitions
Article II
21. 53
21. 54
21.60
21.70
Permits, Generally
Requirements
Exceptions for Water and Sanitation Districts
and certain Utility Companies.
Exceptions for private water companies, other
utility companies
Fees, Generally
Permittee Guarantee prerequisite to issuance
of permit, determination of necessity for
repairs, appeal process
Violation; penalty
Requirements, Generally
Liability for injuries, damage
Responsibilities of persons working in the
Public Ways
Inspection requests
Subcontracts
Traffic and Access, Generally
Construction requirements, Generally
Sec. 21.10
Sec. 21.11
Sec. 21.12
21.13
21. 20
21. 30
21. 40
21.50
21. 51
21. 52
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ARTICLE 1.
Sec 21-01. DEFINITIONS.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this
Section:
APPLICANT means any person required by this chapter to make
application for a permit.
CITY means the city of Wheat Ridge.
CONTRACTOR means a individual, partnership or corporation as
defined in Section 5-125.
DESIGN ENGINEER means a professional engineer registered in the
state and employed by the applicant or under contract to the
applicant.
DIRECTOR means the Director of Public Works or his authorized
representative.
DISTRICT means any metropolitan, water and/or sanitation district
formed under Title 32, Article I, CRS, as amended.
EMERGENCY WORK includes work required to restore broken or
plugged water and sewer mains, water and sewer service lines, gas
mains or services, cut or defective telephone, electric and
cable facilities and traffic signal control lines or other
situations as determined by the Director.
FLOWABLE BACKFILL MATERIAL: Flowable backfill material shall
contain the following ingredients meeting ASTM properties and be
mixed in the following proportions:
MIX PROPORTIONS LBS/CY OF CONCRETE
ingredients Test Method
Cement ASTM C-150 42 lbs
Sand ASTM C-33 1845 lbs
1" aggregate ASTM C-33 1700 lbs
Air Entrainment ASTM C-260 5 oz
Water ASTM C-94 39 gal
The maximum desirable 28 day compressive strength for the
flowfill material is 60 psi to allow for a workable subgrade for
future work.
PERMIT
persons
purpose
permits
imposed
means written authorization by the Director allowing
to enter city streets, roads or rights of way for the
of construction, installation and excavation. Such
shall be issued only at such time as all requirements
by this chapter are satisfied and all applicable fees
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imposed in this chapter are paid.
PERMITTEE means the holder of a valid permit.
PERSON(S) means any person, firm, partnership, special,
metropolitan or general district association; corporation;
municipal department, company or organization of any kind.
PUBLIC WAY means any public street, way, place, alley, sidewalk,
easement, park, square, plaza and any City owned right of way or
any other public property owned or controlled by the city of
Wheat Ridge and dedicated to public use. Any easements dedicated
solely for utility purposes shall not be governed by the
provisions of this ordinance.
SPECIFICATIONS means the current edition of the "Standard
Specifications for Road and Bridge Construction" and the M and S
Standards of the Colorado Department of Transportation, Division
of Highways, as may be amended by the City of Wheat Ridge.
STREET means a dedicated public
intended to serve, the needs
commercial areas of the city.
right-of-way which serves, or is
of residential, industrial or
UNIMPROVED STREET means a street which has not been surfaced with
asphaltic or concrete pavement.
WORK IN THE PUBLIC WAY shall mean, but not be limited to,
construction of streets and all related appurtenances, curb and
gutter, sidewalks, driveway openings, bus shelters, bus loading
pads, street lights, landscaping and traffic signal devices. It
shall also mean construction, maintenance and repair of all
underground structures such as pipes, conduits, ducts, tunnels,
manholes, vaults, buried cable, wire or any other similar
structures located under the surface of any public way, and
installation of overhead poles used for any purpose.
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Article II
Sec. 21.10 PERMITS - GENERALLY
SEC. 21-11. REQUIREMENTS
It shall be unlawful for any person to perform work wi thin the
public way of the city for any purpose without first having
obtained the permits and having paid the fees that are herein
established and without complying fully with the fees,
regulations and specifications of this City which are hereby
established by this Article. No permit shall be issued to a
applicant until said applicant has been licensed by the city as
provided in Chapter 5. This provision shall not be applicable to
work performed by City personnel in pursuit of their regular or
assigned duties.
Contractors working for the Colorado Department of Transportation
on State Highway projects will also be required to obtain a
permit for that portion of their work which lies outside the
right of way of the State. Work performed in the Public Way
shall be in accordance with the City's standards and
specifications. The State's Contractor's shall name the City as
an additional insured on their insurance policies in force for
the State contract.
SEC 21-12.
EXCEPTIONS FOR WATER AND SANITATION DISTRICTS AND
CERTAIN UTILITY COMPANIES.
Water and sanitation districts and public utilities are
authorized to enter upon the public way of the City to make
repairs without a permit when emergency circumstances demand the
work be done immediately. The person doing the work shall apply
to the City for a permit on the first working day after such work
has commenced in which the City offices are open for business.
Except as provided in this Section, the entities described herein
are subject to all duties, fees and requirements of this Article.
SEC 21-13 EXCEPTIONS FOR PRIVATE WATER COMPANIES, OTHER UTILITY
COMPANIES.
Private utility and water and other utility companies, including
the Denver Water Board, and Consolidated Mutual Water Company,
whose primary function is to provide water for consumption, are
authorized to enter upon the public way to make emergency repairs
without a permit when emergency circumstances demand the work be
done immediately. The person doing the work shall apply to the
City for a permit on the first working day after such work has
commenced in which the City offices are open for business. Except
as provided in this Section, the entities described herein are
subject to all duties, fees and requirements of this Article.
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SEC 21-20 FEES - GENERALLY
(a) The fees to be made for permits required by this Article
and for inspections made or required by this Article shall be
established by Resolution. The current fee schedule shall be
maintained by the Department of Public Works and may be examined
during normal business hours.
(b) street cuts requested for non emergency reasons for
work between NOVEMBER 1st and MARCH 15th shall be charged twice
the normal permit and inspection fee.
(c) When the cost of the work for which the permit is
required exceeds five thousand dollars ($5,000.00), a bond, a
cashier's check or irrevocable letter of credit in the amount of
the estimated cost of such work shall be filed with the Director
prior to the issuance of such permit. The bond, cashier's check
or irrevocable letter of credit shall be in effect for two years
after acceptance of the work by the city.
(d) Unless otherwise provided for in this Article, all
permits and inspection fees shall be payable in advance of
excavation or construction in the public way. The lack of a
permit on the job site shall be a valid reason to require the
stoppage of all work in the public way except that required by
the Director to open the public way to use.
(e) Unless otherwise provided for in this Article, work in
the public way without a valid permit when the applicant is
operating without such permit is a violation of the city Code of
Laws. The violator shall be required to obtain the required
permit for the work. The minimum administrative penalty
assessed shall be either two hundred twenty five dollars
($225.00) or triple the permit and inspection fees, whichever is
greater, plus any additional costs incurred for special testing
of the completed work. If, in the opinion of the Director, the
completed work cannot be adequately tested or was placed not in
accordance with the approved plans and specifications, it shall
be removed and replaced at the permittee'S sole cost.
(f) The Director may waive the contractor's license and its
requirements for a property owner desiring to repair their
driveway or sidewalk provided that the property owner performs
the work personally and upon satisfactory evidence to the
Director that the applicant is competent to perform the work.
The property owner will be required to obtain a permit and pay
associated fees as required under this Article in addition to
providing proof of homeowners liability insurance and providing a
bond, letter of credit or escrow for the value of the work
contemplated under the permit.
(g) No permit shall be issued to any person, who, in the
opinion of the Director, is not qualified to perform the work in
accordance with the street excavation standards and
specif ications. Any person who is denied a permit may appeal
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such denial, in writing, to the Mayor within 10 days of such
denial.
SEC. 21-30 PERMITTEE GUARANTEE PREREQUISITE TO ISSUANCE OF
PERMIT; DETERMINATION OF NECESSITY FOR REPAIRS;
APPEAL PROCESS
(a) The permittee, by acceptance of the permit expressly
guarantees all work done by him for a period of two (2) years
from and after the date of final completion and agrees upon
demand to maintain and make all necessary repairs to the same
during the above period without additional charge or cost to the
adjacent property owners or the city. This guarantee shall
include all repairs growing out of:
(1) Imperfection or unsuitability of material or composition,
(2) Defects in workmanship,
(3) Settling of fills or excavation,
(4) Weather,
(5) Any unauthorized deviation in the work from that shown on
the approved plans and specifications,
(6) Work not performed in accordance with the city's
standards and specifications.
(7) Damage to the work prior to completion of construction,
or
(8) Failure to clean up during and after performance of the
work.
The guarantee shall extend to the whole body of the work, and the
repairs under it may extend to a total reconstruction of the
entire project if, in the judgment of the Director based upon the
plans, specifications and good engineering practices, such total
reconstruction is necessary to repair defects. It is not
necessary that an additional new two year guarantee be provided
for subsequent repairs after initial acceptance.
(b) Thirty days prior to the expiration of the two year
warranty period the Director shall perform a final inspection of
the completed project. The Director shall inform the permittee
of any necessary repairs and, after completion of repairs by the
permittee, shall issue a written notice to the permittee that the
completed project is acceptable to the City for maintenance. No
work shall be considered accepted by the City until all necessary
repairs are complete and the Director has issued a final
acceptance.
(c) At any time prior to completion of the two year warranty
period, the Director may notify the permittee of any needed
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repairs. Such repairs shall be completed by the permittee within
24 hours if the defects are determined by the City to be an
imminent danger to the public health, safety and welfare. Non
emergency repairs shall be completed within 30 days after such
notice.
(d) The determination of the necessity for repairs rests
with the Director. When the Director has determined that repair
or reconstruction of any project or part thereof is necessary,
based upon any of the acts or omissions enumerated hereinabove
within the guarantee period, the action shall be as follows:
(1) The Director shall, by certified mail, return receipt
requested, give notice to the permittee of the necessary
requirements to bring such construction into conformance with
the approved plans and specifications.
(2) Should the permittee dispute the necessity of repairs,
he may request a hearing. This request shall be in writing
to the Director wi thin seven (7) days of the date on the
notice for repairs.
(3) Should the permittee fail to object in writing within
seven (7) days from the date of the notice, or should the
permittee fail to begin the necessary repairs or
reconstruction within such time, the City may make such
repairs or contract for such repairs to be done and charge
the cost of same to the permittee. The time to make the
necessary repairs may be reduced by the Director when found
to be in the best interest of the public safety. The time
may also be extended due to the complexity of the project or
weather considerations. The permittee shall have thirty (30)
days after formal notification of the cost of the repairs to
make full payment to the City. If payment is not received
within the 30 day period, the City may institute an action
upon the bond of the permittee or may cause to be instituted
a proceeding for the imposition of a lien upon the property
of the permittee, the abutting property owners or the utility
company or district that owned the facility worked on, as
appropriate.
(4) If a hearing is requested by the permittee, the Director
shall set a time, place and date, and so notify the
permittee. The hearing date shall not be more than forty
five (45) days from the date of receipt of the request for a
hearing. The permittee shall be afforded a minimum of seven
(7) days between service or mailing of the order and the
hearing.
(5) When a hearing is conducted, the permittee and other
interested parties may be in attendance. Upon completion of
the hearing, the Director shall take all evidence under
advisement and shall, within ten (10) days, transmit the
findings and rulings to the permittee. The findings and
rulings shall be rendered in writing by certified mail or
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personal service and, if appropriate, shall contain the date
upon which the repair or reconstruction shall commence.
(6) All mailing shall be to the last known address of the
permittee as shown on the permit. The permittee shall be
considered notified if the mailing is returned by the united
states Postal Service with the notation that such mailing is
either unclaimed or undeliverable and the order was addressed
to that address indicated on the permit.
(d) In the event of a hearing, the Director may appoint a
qualified member of the Public Works Department to sit in his
place as the hearing official. The final decision shall be
rendered by the Director.
(e) The decision rendered by the Director may be appealed
within thirty (30) days of the date of notification to the Mayor.
The Mayor shall determine, after the taking of testimony of both
parties, whether or not the defect arose out of one (1) of the
hereinabove seven (8) reasons specified in paragraph (a), and, if
such is found to be the case, the Director's initial order shall
stand.
Sec 21-40. VIOLATION, PENALTY
Any violations of any of the provisions of this chapter shall be
punished as provided in Section 1-5. Notwithstanding the previ-
ous provisions of this Section, the provisions of section 21-
20(d) hereof may, in the discretion of the Director, be enforced
pursuant to the terms thereof or pursuant to the provisions of
this Section, but not by both.
Sec. 21-50 REQUIREMENTS - GENERAL
Sec. 21-51 LIABILITY FOR INJURIES, DAMAGE
To the extent authorized and permitted by law, the utility
district or company shall be responsible for liability for injury
to persons or damage to property resulting from installation of
its underground structures, or from the repair or failure to
repair street surfaces as herein provided. If the utility
company or district is conducting the work with their own forces,
they shall submit proof of insurance and bond as required in
Section 5-125.
Sec 21-52 RESPONSIBILITIES OF PERSONS WORKING IN THE PUBLIC WAY
Responsibilities of persons performing work in the public ways of
the City shall be as follows:
1 Except as specifically limited by Section 21-51, (as
relates solely to utilities and quasi municipal
corporations), persons making excavations in the public way
8
of the City shall indemnify and hold harmless the City, the
City Council Members, the Director and city Employees
individually from liability for injury to persons or damage
to property resulting from any work performed under a permit
including excavation or backfill of underground structures or
failure to repair street surfaces as herein provided. They
further shall hold harmless the City, the city Council
Members, the Director and City Employees individually from
liability for injury to persons or damage to property
resulting from the inadequacy of barricades, lights or other
proper warning devices. In those instances where
indemnification is precluded by law, the entity performing
work provided hereunder shall be responsible for its own, or
its contractor's or agent's, acts or omissions.
2. Good practices and standard safety precautions shall be
observed at all times. All work areas will be provided with
complete and adequate barricades by day and adequate
barricades and lights by night until the work is complete
and/or the persons responsible hereunder are relieved of the
responsibility for traffic control by the Director.
3. During the development phase in new subdivisions while
streets are being laid out, constructed and/or surfaced, or
while utility lines are being laid or installed,
authorization may be granted to totally barricade these
streets in the interest of public safety. This authorization
will be in writing and approved by the Director. The
authorization shall state the time period when such total
barricading will be allowed and any special conditions
required for closure of the roadways.
4. Thirty (30) days prior to commencement of work involving
construction or extension of water mains, sewer mains, storm
sewers, curb and gutter, sidewalk, street construction or
other above ground or underground facilities, engineering
plans and specifications shall be presented to the Director
for review. These plans and specifications shall be approved
by the Director prior to issuance of a permit for the work
included.
5. When a street is overlaid or reconstructed by the City,
the responsibility of the permittee is removed. The city
shall cancel and automatically release any escrows that are
on deposit with the City after any deductions are made from
the escrow account or the permittee pays the City for costs
related to stabilization of his street cuts.
6. Traffic control plans shall conform the applicable
requirements of the "Manual on Uniform Traffic Control
Devices," as adopted by the City and state of Colorado. (See
Section 21. 60) .
7. The Director must approve all tunnel or bore construction
prior to construction. Tunnel and/or bore construction may
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be required in lieu of open excavation if the Director deems
it to be in the best interest of the City.
8. A permit may be revoked or suspended by the Director,
after notice to the permittee for:
(1) violation of any condition of the permit or of any
provision of this Chapter.
(2) violation of any provision of any other ordinance
of the City or state law relating to the work.
(3) Existence of any condition or the doing of any act
which does constitute or cause a condition endangering
life or serious damage to property.
A suspension or revocation by the Director, and a stop work
order, shall take effect immediately upon notice to the
person performing the work in the public way. The only work
permitted after receipt of a stop work order will be that
required by the Director to open the public way to use.
A stop work order may be issued by the Director to any person
or persons doing or causing work to be done in the public way
without a permit, or in violation of any provision of this
chapter or any other ordinance of the city.
SEC 21-53. INSPECTION REQUESTS.
Requests for inspections by the Department of Public Works shall
be made at least twenty four (24) hours in advance. For
Saturdays, Sundays, city observed holidays or at night requests
shall be made at least 48 hours in advance. In the event that
work is permitted on Saturday, Sunday, at night or City holidays,
the permittee will be required to pay to the city any overtime
costs incurred by City personnel assigned to observe and test the
work being performed during such time.
It is the permittee's responsibility to contact the Director to
request inspections of the work contained under the permit. The
permittee will be responsible for any additional costs incurred
by the City for special testing of work performed without such
notice and opportunity for inspection. If, in the opinion of the
Director, the completed work cannot be adequately tested or was
placed not in accordance with the approved plans and
specifications, it shall be removed and replaced at the
permittee's sole cost.
The inspection and/or testing of portions of the work and
materials shall not relieve the permittee of any of his
obligations to construct the work in accordance with the approved
plans and specifications. Work and materials not meeting such
requirements shall be made good, and unsuitable work or materials
may be rejected, notwithstanding that such work and/or materials
10
may have been previously inspected and/or tested by the
inspector.
SEC. 21-54 SUBCONTRACTS.
When work is performed by an independent contractor for any water
and/or sanitation district and/or utility company, the
district/company shall provide the permit(s) for all work done in
the pUblic way in the City and shall be responsible to the City
in all manners as prescribed herein as the permittee. The
subcontractor shall be identified on the request for the permit
and shall be currently licensed with the City for the type of
work to be done.
SEC. 21-60.
TRAFFIC AND ACCESS - GENERALLY
To avoid interference with traffic, the following conditions must
be observed in working in the public way.
All work in the public ways must have a traffic control plan
approved by the Director. The traffic control plan must
provide safe methods for movement of pedestrians and
motorists through the work zone and a safe area for workers
engaged in the construction activity. The traffic control
plan shall be site specific unless otherwise allowed by the
Director. The traffic control plan shall include the name
and emergency phone numbers of the permittee and the
permittee'S designated traffic control supervisor.
Work shall be conducted in a manner as to not impede traffic.
Should it be necessary to restrict traffic in any manner, the
applicant shall submit two (2) copies of a traffic control
plan to the Director for approval at least seventy two (72)
hours before any work commences. The applicant shall not
begin any work until he receives approval from the Director.
It shall be the responsibility of the permittee performing
the work to coordinate all work in the public way with
appropriate fire, ambulance, police and transit authorities
of the times and locations of any impediment to traffic.
When necessary for public safety, the permittee shall employ
flag persons whose duties shall be to control traffic around
or through the construction site. Flag persons shall be
trained in flagging operations and shall be certified. The
use of flag persons may be required by the Director as part
of the traffic control plan.
Unless approved by the Director, the permittee shall not
impede rush hour traffic on cOllector/arterial streets during
rush hours. No construction shall be performed nor shall any
travel lane on these street classifications shall be closed
between the hours of 6:30 am to 8:30 am or 3:30 pm to 6 pm
without the approval of the Director.
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As a guide for all maintenance and traffic signing, Part VI
of the Manual on Uniform Traffic Control Devices and the CDOT
S Standards shall be used. The permittee shall illustrate on
the permit the warning and traffic control devices proposed
for use during construction. At the discretion of the
Director, such warning and control devices may be increased,
decreased or modified before and after issuance of the
permit.
Type I, II and III barricades must be used whenever it is
necessary to close a travel lane or sidewalk. Barricades are
to be supplied by the permittee. All work shall be
barricaded at all times and between the hours of sunset and
sunrise and shall be properly lighted and delineated so as to
warn all persons.
The permittee shall be responsible for furnishing, erecting
and maintaining traffic control devices and facilities
required by the traffic control plan throughout the life of
the permit, including any periods of suspension.
Traffic Control Devices other than those which generally
inform the public of work zones ahead which face oncoming
traffic shall be turned away from oncoming traffic or other
wise masked from view during non working hours. Signs which
are specific in nature such as lane drop signs, flagman ahead
signs, road closed signs and other signs, which in the
opinion of the Director are inappropriate for display during
non working hours are subject to confiscation by the City.
Confiscated signs may be released by the City to the owner
after payment of a $15.00 redemption fee for each confiscated
sign. Traffic control devices shall not be placed on
sidewalks nor shall they block pedestrian access.
No permittee shall interrupt access to and from private
property, block emergency vehicles, block access to fire
hydrants, fire stations, fire escapes, water valves,
underground vaults, val ve housing structures, or any other
vital equipment unless permission is obtained from the owner
of that facility.
Work shall be conducted in a manner as to avoid unnecessary
inconvenience and annoyance to the general public and
occupants of neighboring property. In the performance of the
work, the permittee shall take appropriate measures to reduce
noise, dust and unsightly debris. No work shall be done
between the hours of 7:00 pm and 7:00 am nor at any time on
Saturday, Sunday or holidays except with written permission
of the Director or in case of emergency.
All public rights of way and private property
thoroughly cleaned up of all rubbish, excess dirt,
other debris as the work progresses.
shall be
rock and
SECTION 21-25 SAME
EXCAVATIONS, BACKFILLING AND COMPACTING
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GENERALLY
All excavations in the City streets, roads, alleys and rights of
way shall be made to the following specification:
1. Excavations shall be made to the lines and grades on the
approved plans. The permittee shall be responsible for and
take any special precautions to prevent damage to adjacent
structures and/or property.
2. Surfacing materials such as concrete and asphalt shall be
full depth line cut by sawing, grinding, etc. and removed to
neat lines. Areas of concrete or asphalt that are damaged by
construction operations, undercut or uplifted shall be line
cut and removed for replacement with new pavement material.
3. If prior defects exist at the proposed job site, the
Permittee may request a pre inspection prior to work to
establish defects for which the permittee will not be held
responsible. Otherwise, the permittee will be held
responsible for any defects which may have been the result of
construction or reconstruction. All areas shall be restored
to prior condition or better and all debris shall be hauled
from the construction site by the permittee.
4. Backhoe equipment outriggers shall be fitted with rubber
pads or other protective devices whenever they are placed on
paved surfaces. Tracked vehicles with metal grousers are not
permitted on paved surfaces unless specific precautions are
taken to protect the pavement surface. The permittee will be
responsible for any damage to paved surfaces or concrete
curb, gutter and sidewalk caused by the operation of such
equipment and upon order of the Director, shall repair or
replace such surfaces damaged by work operations. Failure to
do so will result in the use of the permittee'S bond or other
surety by the city to repair any damages.
Pavement striping paint or preformed plastic pavement marking
material damaged or destroyed during construction operations
shall be repaired or replaced as directed by the Director.
Temporary pavement markings shall be placed and maintained by
the permittee until permanent markings can be placed.
Permittees may obtain preformed plastic pavement marking
material from the city for $3.00 per sf, if available.
5. Grading shall be done as may be necessary to prevent
surface water from flowing into trenches or other
excavations, and any water accumulating therein shall be
removed by pumping or other approved methods. Shoring shall
be placed as may be necessary for the protection of the work
and for the safety of personnel, according to all federal,
occupational safety and health administration (OSHA), state
and local safety and health regulations. Ground water shall
be disposed of in accordance with State and EPA rules and
regulations.
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5. Trenches shall be of sufficient width and depth for
properly completing the work. Surface material shall be
removed to a minimum of one (1) foot wider than the trench
opening. Minimum trench size shall be 2 ft x 4 ft in
asphaltic pavements. Minimum trench sizes in concrete
pavements will be determined on a case by case basis.
Trenches shall be kept as narrow as possible; however, if the
edge of the trench is within 3 feet of the curb and gutter
lip, the pavement material shall be removed to the lip of the
curb and gutter, unless otherwise approved by the Director.
If the edge of trench cut falls on a wheel path in a traffic
lane, the trench width or location shall be adjusted to
provide a seam that is outside the wheel path. This may also
be accomplished by removal of additional pavement material or
milling (2 inches deep) the existing pavement so the seam is
outside the wheel path.
7. At no
material,
backfill.
time will wet,
as determined
soggy,
by the
frozen or other unsuitable
Director, be allowed as
8. The use of squeegee material or pea gravel material shall
be confined to pipe bedding only.
9. Cuts less than 2 feet wide and/or less than 10 square
feet shall be backfilled with flowable fill to the bottom of
the existing pavement or the minimum patch depth for the
street type, whichever is deeper.
cuts that are greater than 10 square feet in area and greater
than two feet wide may be backfilled with suitable native
materials.
Flowable fill may be placed to the surface of the street and
used for a temporary patch material until a permanent patch
can be constructed.
10. Backfilling shall be placed in eight inch loose and
horizontal lifts, then compacted to one hundred (100) percent
of maximum dry density, as specified by AASHTO T99, to a
depth no greater than twelve (12) inches below final grade
level. In place density tests shall be made at the direction
of the Director.
Clay and silt materials shall be placed within 3% of optimum
moisture content as determined by AASHTO T99. Sand, gravel
and aggregate base course shall be placed within 3% of
optimum moisture. Compaction shall be 100% of AASHTO T 99A
(Standard Proctor).
11. Minimum thicknesses of base course and surfacing
materials shall be determined in accordance with an approved
pavement design methodology. Unless otherwise approved by
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the Director, the following minimum depths shall apply:
CLASS OF STREET
FULL DEPTH
OF ASPHALT
AGGREGATE
BASE COURSE
LOCAL
COLLECTOR
5 INCHES
8 INCHES
3 INCHES
3 INCHES
An additional inch of Hot Bituminous Pavement may be
substituted for the 3 inches of ABC.
Trial mix data for asphalt mixtures shall be
Director when requested. All asphalt shall
asphalt plants certified by the State
Transportation, Division of Highways.
supplied to the
be supplied by
Department of
11. It is the intent of this Article that all work involving
disturbances to pavements in collector and higher volume
local streets, as determined by the Director, be permanently
patched daily as work progresses. Lower volume local streets
may be patched at less frequent intervals as determined by
the Director.
In the event the permittee is unable to permanently repair
disturbed paved surfaces because of circumstances such as
weather, water line testing or availability of material, a
temporary patch of cold bituminous asphalt mix may be placed
to provide a smooth driving surface. A permanent hot
bi tuminous pavement patch shall be placed as soon as the
circumstances which precluded immediate placement abate.
Gravel roadbase will not be allowed as a substitute for cold
or hot plant mixed asphalt. Maintenance to temporary patches
shall be by the permittee at his sole cost.
12. All permanent asphaltic concrete patches shall be
maintained by the permittee until accepted by the City. All
contraction or other cracks shall be filled with a proper
asphaltum product upon need, and not to exceed six (6) months
subsequent to surface repair.
13. Any patched areas which settle more than one half inch
shall be dug out and the underlying area recompacted. The
surfacing shall be then replaced to proper line and grade at
the sole cost of the permittee.
14. The ride quality of the patched pavement surface shall
be as good as or better than that of the existing or
surrounding pavement. If the surface grade of the patch
deviates from the surface grade of the street surface by more
than one quarter inch, the bituminous pavement of the patch
shall be removed to a minimum depth of one (1) inch, or one
half inch below the maximum deviation, whichever is greater.
A tack coat shall be applied to all surfaces of the
depression, after cleaning it of all loose material, and
allowed to cure. Then enough hot plant mix asphaltic
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materials are to be spread in the depression to bring it to
original street grade when compacted. The patch is then to
be thoroughly compacted with a vibratory plate compactor or
roller. If small compactors are used, the surface of the
completed patch should be slightly higher than the pavement
to allow for compaction.
15. The City has an ongoing rehabilitation and
reconstruction program involving slurry seal, overlays and
reconstructions of street pavements. Permittees will not be
allowed to make non emergency cuts to newly treated pavements
without substantial restorative work as detailed below:
Slurry Sealed Streets: streets that have been slurry sealed
may not be cut for 2 years after the slurry seal has been
placed without authorization by the Director. In the event a
street cut is allowed, the permittee will be required to pay
the city for the cost of reslurrying the full width of the
street for the length of the street cut in addition to
regular permit costs.
Overlays and Reconstructed Streets: streets that have been
overlain, in place recycled or reconstructed shall not be cut
for 5 years after the top lift of Hot Bituminous Pavement
material was placed without authorization from the Director.
In the event permission is granted, the permittee will
required to patch the trench cut to the existing pavement
surface and then mill along longitudinal street cuts at
least one lane width and pave the milled material and trench
cut area with a self propelled laydown machine. Transverse
cuts are to be milled at least one paver screed wide and
repaved with a self propelled laydown machine. The pavement
shall be milled to at least 1.5 inches below existing
pavement surface.
SEC 21-61
CONSTRUCTION REQUIREMENTS IN UNIMPROVED STREETS
GENERALLY
All excavations made in unimproved City streets, alleys or rights
of way shall be carefully backfilled and compacted by the method
prescribed in Section 21. 60, paragraphs (1) through (14). A
minimum surfacing of six (6) inches of class 6 aggregate base
course shall be place and compacted to one hundred (100) percent
of AASHTO T99.
Sec 21-62 through Sec 21-100. Reserved.
Section 2. Severabilitv. If any clause, sentence, paragraph
or part of this ordinance or the application thereof to any
person or circumstances shall for any reason be adjudge by a
court of competent jurisdiction invalid, such judgment shall not
affect impair or invalidate the remainder of this ordinance or
its application to other persons or circumstances.
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Section 3. Safety Clause. The City Council hereby finds,
determines and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety and welfare of the public and
that this ordinance is necessary for the preservation of health,
safety and for the protection of public convenience and welfare.
The city Council further determines the the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 4. This ordinance shall take effect 1 day after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to ~ on this 12th day of December , 1994, ordered published
in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage
set for January 9, 1995 at 7:00 o'clock p.m., in the Council
chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 6 to~, on this 9th day of Januarv , 1995.
~~
Dan Wilde, Mayor
"
'-.-
APPROVED AS TO FORM BY CITY ATTORNEY
<"~.(;ql(l;" r-~' , I,tiA1Jr?,t1!L)
/ . . - .__1.- '-E.-l./l \/f (l.. ~_ -
Kathryn L~ sch~oeder, City Attorney
First Publication:
Second Publication:
Jefferson Sentinel
Effective Date:
December 22, 1994
January 19, 1995
January 20, 1995
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