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HomeMy WebLinkAbout21 - STREETS AND SIDEWALKS . e . e . Chapter 21 STREETS AND SIDEWALKS* Article I. In General Sec. 21-1. Definitions. Sec. 21-2. Vacation of roadways; reservations of rights. See. 21-3. Violation, penalty. Sec. 21-4. Street width designation. Sees. 21-5-21-10. Reserved. Article ll. Work on Public Ways Permits-General1y. Same-Exceptions for water and sanitation districts and certain utility companies. Same-Exceptions for private water companies, other utility companies. Sees. 21-14-21-19. Reserved. See. 21-20. Fees generally; bonds, etc.; other provisions relative to permits. Sees. 21-21-21-29. Reserved. Sec. 21-30. .Permittee guarantee prerequisite to issuance of permit; determi- nation of necessity for repairs; appeal process, Secs. 21-31-21-50, Reserved. Sec. 21-51. Liability for injuries, damage. Sec. 21-52. Responsibilities of persons working in the public way. Sec. 21-53. Inspection requests. See. 21-54. Subcontractors. Secs. 21-55-21-59. Reserved. Sec. 21~60. Traffic and access. Sec. 21-60.1. Excavations, backfilling and compacting. Sec. 21-61. Construction requirements in unimproved streets. Sees. 21-62-21-100. Reserved. Sec. 21-11. See. 21-12. Sec. 21-13. Article m. Permits For Use ofRight-oi-Way Sec. 21-101. Generally. See. 21-102. Term of right-of-way use permits. Sec. 21-103. Renewal. Sec. 21-104. Termination. Sec. 21-105. Utilities. Sees. 21-106-21-120. Reserved. Article IV. Courtesy Benches and Bus Stop Shelters Division 1. Generally Sec. 21-12l. Sec. 21-122. Sec. 21-123. Sec. 21-124. Sec. 21-125. Sec. 21-126. Definition. Exemptions. Identification of owner. Construction specifications; location, maintenance. Manner of advertising. Bus stop removal. *Cross references-D~tie's ~f director of public w'orks, ~-2':31; obstructing stre~ts and sidewalks, ~ 16-69. State law references-Home rule powers, Col. Canst. Art. XX, ~ 6; general powers relative to streets and alleys, C.RS. ~ 31-15-702, Supp. No. 18 1373 Supp. No. 18 WHEAT RIDGE CITY CODE . Sec. 21-127. Sign contractor's license required. Sees. 21-128-21-140. Reserved. Sec. 21-141. Sec. 21-142. Sec. 21-143. Sec. 21-144. See. 21-145. Sec. 21-146. Sec. 21-147. Sec. 21-14S. Sec. 21-149. Sec. 21-150. Sec. 21-151. Division 2. Permit e Required. Application; reapplication upon expiration of permit. Fees to accompany application, amount; refunds or rebates. Issuance. Inspection; failure to make timely placement; disapproval. Maximum number; coordination with other facilities. Indemnity to the city and the public. Assignment to transfer. Denial, revocation. Removal of bench following revocation. Bus stop shelters. . . .~ 1374 . e . . . STREETS AND SIDEWALKS ~ 21-1 ARTICLE I. IN GENERAL' Sec. 21-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings re- spectively 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 an individual, partnership or corporation as defined in section 5-10l. Design engineer means a professional engineer registered in the state and employed by the ap- plicant 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, C.R.S., as amended. Emergency work includes work required to restore broken or plugged water and sewer mains, water and sewer service lines, gas mains or ser- vices, cut or defective telephone, electric and cable facilities and traffic signal control lines or other situations as determined by the director. Flowable backfill material shall contain the following ingredients meeting ASTM properties and be mixed in the following proportions: Mix Proportions Ingredients Cement Sand 1" aggregate Air entrainment Water LBS I CY of Concrete Test Method ASTM C-150 42 pounds ASTM C-33 1845 pounds ASTM C-33 1700 pounds ASTM C-260 5 ounces ASTM C-94 39 gallon *Editor's note-Ord. No. 1994-987, 9 1, adopted Jan. 9, 1995, amended Ch. 21 by repealing provisions designated as 9921-1-21-100, containing general provisions and provisions relative to street excavations, construction, etc., derived from Code 1977, 99 20-1-20-17, and added provisions similar in nature as new SS 21-1, 21-3, 21-11-21-13, 21-20, 21-30, 21_51_21_54,21.60,21-60.1, and 21-61. Provisions originally designated as SS 21-40 and 21-25, respectively, have been redesignated as SS 21-3 and 21-60.1, respectively, .in order to provide for better classification. Supp. Ko. 18 The maximum desirable twenty-eight-day com- pressive strength for the flowfill material is sixty (60) psi to allow for a workable subgrade for future work. Permit means written authorization by the director allowing persons to enter city streets, roads or rights-of-way for the purpose of construc- tion, installation and excavation. Such permits shall be issued only at such time as all require- ments imposed by this chapter are satisfied and all applicable fees 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 associa- tion; corporation; municipal department; com- pany 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. [Ordinance No. 1994-987]. 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 right-of-way which serves, or is intended to serve, the needs of residential, industrial or commercial areas of the city. Unimproved street means a street which has - '~-not been surfaced with asphaltic or concrete pave- ment. Work in the public way shall mean, but not be limited to, construction of streets and all related appurtenances, curbs and gutters, sidewalks, drive- way openings, bus shelters, bus loading pads, street lights, landscaping and traffic signal de- vices. It shall also mean construction, mainte- 1375 ~ 21-1 WHEAT RIDGE CITY CODE nance 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. (Ord. No. 1994-987, ~ 1 (21-1), 1-9-95) Sec. 21-2. Vacation of roadways; reserva. tions of rights. Notwithstanding provisions of the Colorado Revised Statutes to the contrary, the city council, when vacating a roadway pursuant to sections 43-2-301 et seq., C.R.S., may reserve rights-of- way, easements or other interests in said roadway for any ofthe existing or future sewer, gas, water or similar pipelines and appurtenances, pedes- trian, walkways, ditches or canals and appurte- nances, and electric, cable television, telephone, and similar lines and appurtenances. This list of rights-of-way and easements is for illustrative purposes only and is not intended to be a complete list of the rights-of-way or easements which can be reserved pursuant to this section, it being the intent of this section to empower the city to reserve any interest, of whatever kind or nature, in the vacated roadway. (Ord. No. 1995-1003, ~ 1, 6-12-95) Sec. 21-3. Violation, penalty. Any violations of any of the provisions of this chapter shall be punished as provided in section 1-5._Notwithstanding the previous 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 pursu- ant to the provisions of this section, but not by both. (Ord. No. 1994-987, ~ 1 (21-40), 1-9-95) Sec. 21.4. Street width designation. (a) Purpose. The purpose of this section is to implement section 5.20 of the City Charter of Wheat Ridge pertaining to the designation of street widths. Supp. No. 18 (b) Definitions. For purpose of this section, the following terms shall have the meaning indicated: Flowline: The'measurement from the inside edge of one curb to the inside edge of the opposite curb. Where no curb exists, flowline shall be the measurement from the outside edge of one side of the driving surface of the street to the, outside edge of the opposite side of the driving surface of the street. Street width: The width of a street measured from flowline to flowline. Street width designation: The width of a street measured from flowline to flowline as determined by the city council in accordance with this section. (c) Public hearing required. No earlier than one year prior to construction or reconstruction of any street, the city council shall hold a public hearing to determine and approve the street width designation for such street. (d) Notice. At least fifteen (15) days prior to such hearing, a public notice of the date, time, and purpose ofthe hearing shall be published in a newspaper used by the city for the publishing of legal notices. Notice shall also be provided by the mailing of a certified letter to all property owners within three hundred (300) feet of both sides of the street proposed for street width designation. Owners of land shall be considered immediately adjacent or contiguous to the street, or within three hundred (300) feet of the street edge despite the existence of intervening land or right-of-way owned by the city. Such mailed notice shall con- tain: (1) A description of the street width designa- tion to be proposed for the street and a statement that the specific plans are avail- able for inspection at the Wheat Ridge Municipal Building; (2) An explanation of the right of property owners to protest such proposed street width designation along with a descrip- tion of the procedure for the exercise of such right; and (3) The full and complete text of section 5.20 of the City Charter. 1376 . . . e . . e . . . STREETS AND SIDEWALKS ~ 21-12 (e) Adoption of street width designation. Adop- tion of a resolution setting a street width desig- nation shall require the affirmative vote of a majority of the city council present and voting unless a valid written protest is filed with tl;1e city council prior to the conclusion of the public hear- ing. Upon the receipt of a valid written protest, a three-fourths vote of the entire city council shall be required for approval of a resolution setting a street width designation. (f) Protest. Prior to the conclusion ofthe public hearing, a protest against a proposed street width designation may be filed with the city council. Such protest shall be in a form prepared by the city clerk and must be signed by the owners of either: (1) Twenty (20) percent of the propertyimme- diately adjacent or contiguous to either side of such street; or (2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street. Property need not be entirely contained within the 300-foot area to be used in the computation of the ten (10) percent necessary to file a protest; provided that only the portion of the property actually lying within three hundred (300) feet of the street edge shall be used to compute the ten (10) percent required for the filing of a protest. City-owned property or right-of-way shall be ex- cluded from the computation of the required per- centage of properties necessary for the filing of a valid protest. Owners ofland shall be considered immediately adjacent or contiguous to the street, or within three hundred (300) feet of the street edge despite the existence of intervening land or right-of-way owned by the city. (g) Elections. Following the adoption of a res- olution approving a street width designation, an election may be called and held for the purpose of referring the designation to voters in accordance with the requirements of section 5.20 of the City Charter. (h) Additional forms and instructions. The city clerk may create and maintain forms and peti- tions instructions not inconsistent with this sec- Supp. No. 18 tion or section 5.20 of the City Charter which are necessary to implement the requirements of this section. (Ord. No. 1996-1042, ~ 1, 8-12-96) Sees. 21.5-21-10. Reserved. ARTICLE II. WORK IN PUBLIC WAYS. See. 21-11. Permits-Generally. (a) Permit required; compliance with regula- tions and specifications; application to city person- nel. It shall be unlawful for any person to perform work within the public way of the city for any purpose without first having obtained the permits and having paid the fees that are herein estab- lished 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 applicable to work performed by city personnel in pursuit of their regular or assigned duties. (b) Limited application to state contractors. Contractors working for the Colorado Depart- ment 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 stan- dards and specifications. The state contractor shall name the city as an additional insured on their insurance policies in force for the state contract. (Ord. No. 1994-987, ~ 1 (21-10, 21-11), 1-9-95) Sec. 21-12. Same-Exceptions for water and sanitation districts and certain utility companies. Water and sanitation districts and public util- ities 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 *Note-See the editor's note to Art. I of this chapter. 1376.1 S 21-12 WHEAT RIDGE CITY CODE . working day after such work has commenced in which the city offices are open for business. Ex- cept as provided in this section, the entities de- scribed herein are subject to all duties, fees and requirements of this article. (Ord. No. 1994-987, ~ 1 (21-12), 1-9-95) e . . . Supp. No. 18 1376.2 . . . . . STREETS AND SIDEWALKS ~ 21-29 Sec. 21-13. Same-Exceptions for private water companies, other utility companies. Private utility and water and other utility com- panies, including the Denver Water Board, and Consolidated Mutual Water Company, whose pri- mary 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 pro- vided in this section, the entities described herein are subject to all duties, fees and requirements of . this article. (Ord. No. 1994-987, ~ 1 (21-13), 1-9-95) Sees. 21.14-21.19. Reserved. Sec. 21-20. Fees generally; bonds, etc.; other provisions relative to permits. (a) Establishment by resolution; maintenance of fee schedule. The fees to be made for permits re- quired by this article and for inspections made or required by this article shall be established by resolution. The current fee schedule shall be main- tained by the department of public works and may be examined during normal business hours. (b) Charge for street cuts made between No- vember 1 and March 15. Street cuts requested for nonemergency reasons for work between No- vember first and March fifteenth shall be charged twice the normal permit and inspection fee. (c) When bond, cashier's check, letter of credit required. 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 irrevo- cable letter of credit in the amount of the esti- mated cost of such work shall be f1led 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 (2) years after acceptance of the work by the city. (d) Advance payment required; stoppage of work (or lack of permit. Unless otherwise provided for Supp. No. 15 in this article, all permits and inspection fees shall be payable in advance of excavation or construe: tion in the public way. The lack of a permit on the job site shall be a valid reason to require the stop- page of all work in the public way except that required by the director to open the public way to use. (e) Violation; penalty; replacement at permit- tee's cost. 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 re- quired permit for the work. The minimum admin- istrative penalty assessed shall be either two hun- dred 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 ade- quately 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. (fJ Work by individual property owners. The di- rector may waive the contractor's license and its requirements for a property owner desiring to re- pair 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 homeown- er's liability insurance and providing a bond, letter of credit or escrow for the value of the work con- templated under the permit. (g) Denial of permit; appeal. 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 specifications. Any person who is denied a permit may appeal such denial, in writing, to the mayor within ten (10) days of such denial. (Ord. No. 1994-987, ~ 1 (21-20), 1-9-95) Sees. 21-21-21-29. Reserved. 1377 ~ 21-30 WHEAT RIDGE CITY CODE Sec. 21.30. Permittee guarantee prerequisite to issuance of permit; determina- tion of necessity for repairs; ap' peal 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 fmal completion and agrees upon demand to main- tain 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 perfor- mance 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 riot necessary that an additional new two (2) year guarantee be provided for subsequent re- pairs after initial acceptance. (b) Thirty (30) 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 accept- able to the city for maintenance. No work shall be Supp. No. 15 considered accepted by the city until all necessary repairs are complete and the director has issued a fmal acceptance. (c) At any time prior to completion of the two- year warranty period, the director may notify the permittee of any needed repairs. Such repairs shall be completed by the permittee within twenty-four (24) hours if the defects are determined by the city to be an imminent danger to the public health, safety and welfare. Nonemergency repairs shall be completed within thirty (30) days after such notice. (d) The determination of the necessity for re- pairs 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 herein- above within the guarantee period, the action shall be as follows: (1) The director shall, by certified mail, return receipt requested, give notice to the per- plittee 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 within 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. Ifpayment is not received within the thirty-day period, the city may insti- tute an action upon the bond of the per- 1378 . . . . . . . . . . STREETS AND SIDEWALKS ~ 21-52 mittee or may cause to be instituted a pro- ceeding for the imposition of a lien upon the property ofthe 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 af- forded a minimum of seven (7) days be- , tween service or mailing of the order and the hearing. (5) When a hearing is conducted, the permittee and other interested parties may be in at- tendance. 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 per- mittee. The fmdings and rulings shall be rendered in writing by certified mail or per- sonal service and, if appropriate, shall con- tain the date upon which the repair or re- construction shall commence. (6) All mailing shall be to the last known ad- dress 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 no- tation that such mailing is either unclaimed or undeliverable and the order was ad- dressed to that address indicated on the permit. (e) 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 offi- cial. The final decision shall be rendered by the director. (f) The decision rendered by the director may be appealed within thirty (30) days of the date of notification to the mayor: The mayor shall deter- mine, after the taking of testimony of both par- ties, whether or not the defect arose out of one of the hereinabove eight (8) reasons specified in para- graph (a), and, if such is found to be the case, the director's initial order shall stand. (Ord. No. 1994-987, ~ 1 (21-30), 1-9-95) Supp. No. 15 Sees. 21.31-21.50. Reserved. Sec. 21.51. Liability for injuries, damage. To the extent authorized and permitted by law, the utility district or company shall be respon- sible for liability for injury to persons or damage to property resulting from installation of its un- derground 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. (Ord. No. 1994-987, ~ 1 (21-51), 1-9-95) 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 quasimunicipal corporations), persons making excavations in the public ways of the city shall indemnify and hold harmless the city, the city council members, the di- rector and city employees individually from liability for injury to persons or damage to property resuItingfrom 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 danlSge 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 respon- sible for its own, or its contractor's or agent's acts or omissions. (2) Good practices and standard safety precau- tions 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 1379 ~ 21-52 WHEAT RIDGE CITY CODE work is complete and/or the persons respon- sible hereunder are relieved of the respon- sibility for traffic control by the director. (3) During the development phase in new sub- divisions while streets are being laid out, constructed and/or surfaced, or while utility lines are being laid or installed, authoriza- tion mfiY 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 authoriza- tion 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 construc- tion or other aboveground or underground facilities, engineering plans and specifica- tions shall be presented to the director for review. These plans and specifications shall be approved by the director prior to issu- ance of a permit for the work included. (5) When a street is overlaid or reconstructed by the city, the responsibility of the per- mittee is removed. The city shall cancel and automatically release any escrows that are on deposit with the city after any deduc- tions 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 ap- plicable 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 be required in lieu of open excavation if the director deems it to be in the best interest of the city. Supp. No. 15 (8) A permit may be revoked or suspended by the director, after notice to the permittee, for: a. Violation of any condition of the permit or of any provision ofthis chapter. b. Violation of any provision of any other ordinance of the city or state law re- lating to the work. c. 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 im- mediately upon notice to the person per- forming the work in the public way. The only work permitted after receipt of a stop work order will be that required by the di- rector 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 pro- vision of this chapter or any other ordi- nance of the city. (Ord. No. 1994-987, ~ 1 (21-52), 1-9-95) Sec. 21.53. Inspection requests. (a) 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 forty-eight (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 ob- serve and test the work being performed during such time. (b) It is the permittee's responsibility to con- tact 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 inspec- tion. If, in the opinion of the director, the com- pleted work cannot be adequately tested or was 1380 . . . . . . . . . . STREETS AND SIDEWALKS ~ 21.60 placed not in accordance with the approved plans and specifications, it shall be removed and re- placed at the permittee's sole cost. (c) The inspection and/or testing of portions of the work and materials shall not relieve the per. mittee 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 unsuit. able work or materials may be rejected, notwith- standing that such work and/or materials may have been previously inspected and/or tested by the inspector. (Ord. No. 1994-987, ~ 1 (21-53), 1-9-95) Sec. 21-54. Subcontracts. When work is performed by an independent con. tractor 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 per- mittee. 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. (Ord. No. 1994-987, ~ 1 (21-54), 1-9-95) Sees. 21-55-21-59. Reserved. Sec. 21.60. Traffic and access. To avoid interference with traffic, the following conditions must be observed in working in the public way: (1) 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 construc- tion 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 permit- tee's designated traffic control supervisor. Supp. No. 15 1381 (2) Work shall be conducted in a manner as to not impede traffic. Should it be necessary to restrict traffic in any manner, the appli- cant 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. (3) It shall be the responsibility of the per- mittee performing the work to coordinate all work in the public way with appropriate fire, ambulance, police and transit author. ities of the times and locations of any im- pediment of traffic. (4) When necessary for public safety, the per. mittee shall employ flag persons whose du- ties 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. (5) Unless approved by the director, the per- mittee 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 a.m. to 8:30 a.m. or 3:30 p.m. to 6 p.m. without the approval of the di- rector. (6) As a guide for all maintenance and traffic signing, Part VI of the "Manual on Uni- form Traffic Control Devices" and the CDOTS Standards shall be used. The per- mittee shall illustrate on the permit the warning and traffic control devices proposed for use during construction. At the discre- tion of the director, such warning and con- trol devices may be increased, decreased or modified before and after issuance of the permit. (7) Type I, II and III barricades must be used whenever it is necessary to close a travel lane or sidewalk. Barricades are to be sup- plied by the permittee. All work shall be ~ 21.60 wm;lAT RIDGE CITY CODE 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. (8) The permittee shall be responsible for fur- nishing, erecting and maintaining traffic control devices and facilities required by the traffic control plan throughout the life of the permit, including any periods of sus- pension. (9) 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 otherwise 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 re- leased by the city to the owner after pay- ment of a fifteen dollars ($15.00) redemp- tion fee for each confiscated sign. Traffic control devices, shall not be placed on side- walks nor shall they block pedestrian ac- cess. (10) No permittee shall interrupt access to and from private property, block emergency ve- hicles, block access to fire hydrants, fire sta. tions, fire escapes, water valves, under- ground vaults, valve housing structures, or any other vital equipment unless permis- sion is obtained from the owner of that fa- cility. (11) Work shall be conducted, in a manner as to avoid unnecessary inconvenie:n.ce and ap.~ noyance to the general public and occu- pants of neighboring property. In the per- formance 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 p.m. and 7:00 a.m. nor at any time on Saturday, Sunday or holidays except with written per- mission of the director or in case of emer- gency. Supp. No. 15 (12) All public rights-of-way and private prop- erty shall be thoroughly cleaned up of all rubbish, excess dirt, rock and other debris as the work progresses. (Ord. No. 1994-987, ~ 1 (21-60), 1-9-95) Sec. 21-60.1. Excavations, backfilIing and compacting. 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 spe- cial precautions to prevent damage to ad- jacent structures andJor 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 cO!lcrete or asphalt that are damaged by construction operations, un- dercut or uplifted shall be line cut and re- moved for replacement with new pavement material. (3) Ifprior defects exist at the proposedjob site, the permittee may request a preinspection prior to work to establish defects for which the permittee will not be held responsible. Otherwise, the permittee will be held re- sponsible for any defects which may have been the result of construction or recon- struction. 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 sur- faces unless specific precautions are taken to protect the pavement surface. The per- mittee 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 di- rector shall repair or replace such surfaces 1382 . . . . . . . . . . STREETS AND SIDEWALKS ~ 21-60.1 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 dam- aged or destroyed during construction op- erations shall be repaired or replaced as directed by the director. Temporary pave- ment markings shall be placed and main- tained by the permittee until permanent markings can be placed. Permittees may obtain preformed plastic pavement marking material from the city for three dollars ($3.00) per square feet, 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 re- moved by pumping or other approved methods. Shoring shall be placed as may be necessary for the protection ofthe work and for the safety of personnel, according to all federal, Occupational Safety and Health Ad- ministration (OSHA), state and local safety and health regulations. Groundwater shall be disposed of in accordance with state and EP A rules and regulations. (6) Trenches shall be of sufficient width and depth for properly completing the work. Sur- face material shall be removed to a min- imum of one foot wider than trench opening. Minimum trench size shall be two feet by four feet (2' x 4') in asphaltic pavements. Minimum trench sizes in concrete pave- ments will be deternllned on a case-by-case basis. Trenches shall be kept as narrow as pos- sible; however, if the edge of the trench is within three (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 pave- Supp. No. 15 ment material or milling (two (2) inches deep) the existing pavement so the seam is outside the wheel path. (7) At no time will wet, soggy, frozen or other unsuitable material, as determined by the director, be allowed as backfill. (8) The use of s'lueegee material or pea gravel material shall be confined to pipe bedding only. (9) Cuts less than two (2) feet wide and/or less than ten (10) square feet shall be backfilled with flowable fill to the bottom of the ex- isting pavement or the minimum patch depth for the street type, whichever i~ deeper. Cuts that are greater than ten (10) square feet in area and greater than two (2) feet wide may be backfilled with suitable na- tive 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 fmal grade level. In place density tests shall be made at the direction of the director. Clay and silt materi~s shall be placed within three (3) percent of optimum mois- ture content as determined by ASSHTO T99. Sand, gravel and aggregate base course shall be placed within three (3) percent of optimum moisture. Compaction shall be one hundred (100) percent of AASHTO T99A (Standard Proctor). (11) Minimum thicknesses of base course and surfacing materials shall be determined in accordance with an approved pavement de- sigu methodology. Unless otherwise ap- proved by the director, the following min- imum depths shall apply: 1383 21-60.1 WHEAT RIDGE CITY CODE The ride quality of the patched pavement surface shall be as good as or ~better than that of the el'isting or surrounding pave- ment. If the surface grade of the patch de- viates 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 inch, or one-half inch below the maximum devi- ation, whichever is greater. A tack coat shall be applied to all surfaces of the de- pression, after cleaning it of all loose ma- terial, and allowed to cure. Then enough hot plant mix asphaltic materials are to be spread in the depression to bring it to orig- inal 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 com- paction. (16) 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 nonemergency cuts to newly treated pavements without substantial re- storative work as detailed below: a. Slurry-sealed streets: Streets that have been slurry-sealed may not be cut for two (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 reslur- rying the full width of the street for the length of the street cut in addition to regular permit costs. b. Overlays and reconstructed streets. Streets that have been overlain, in place recycled or reconstructed shall not be cut for five (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 [be] re- quired to patch the trench cut to the existing pavement surface and then Full Depth of Aggregate (15) .Asphalt Base Course Class of Street (inches) (inches) Local 5 3 Collector 8 3 An additional inch of hot bituminous pave- ment may be substituted for the three (3) inches of ABC. Trial mix data for asphalt mixtures shall be supplied to the director when requested. All asphalt shall be supplied by asphalt plants certified by the State Department of Transportation, Division of Highways. (12) It is the intent of this article that all work involving disturbances to pavements in col- lector 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 di- rector. In the event the permittee is unable to per- manently repair disturbed paved surfaces because of circumstances such as weather, water line testing or availability of mate- rial, a temporary patch of cold bituminous asphalt mix may be placed to provide a smooth driving surface. A permanent hot bituminous pavement patch shall be placed as soon as the circumstances which pre- cluded immediate placement abate. Gravel roadbase will not be ;;Jlowed as a substitute for cold or hot plant mixed asphalt. Main- tenance to temporary patches shall be by the permittee at his sole cost. (13) 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 as- phaltum product upon need, and not to ex- ceed six (6) months subsequent to surface repair. (14) Any patched areas which settle more than one-half inch shall be dug out and the un- derlying area recompacted. The surfacing shall be then replaced to proper line and grade at the sole cost of the permittee. Supp. No. 15 1384 . . . . . . e . . . STREETS AND SIDEWALKS ~ 21-105 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 re- paved with a self-propelled laydown machine. The pavement shall be milled to at least one-half inch below existing pavement surface. (Ord. No. 1994-987, ~ 1 (21-25), 1-9-95) Sec. 21-61. Construction requirements in un- improved streets. All excavations made in uninlproved city streets, alleys or rights-of-way shall be carefully backfilled and compacted by the method prescribed in sec- tion 21-60, paragraphs (1) through (14). Mini- mum surfacing of six (6) inches of class 6 aggre- gate base course shall be placed and compacted. to one hundred (100) percent ofAASHTO T99. (Ord. No. 1994-987, ~ 1 (21-61), 1-9-95) Sees. 21-62-21-100. Reserved. ARTICLE m. PERMITS FOR USE OF . RIGHT-OF-WAY Sec. 21-101. Generally. (a) Permits for temporary use of public right- of-way by abutting property owners may be is- sued when such use is beneficial to both the' applicant and the city. Such permits sh~Jl be issued only upon a finding by the director of public works that: (1) The desired results cannot be achieved without the use of the right-of-way; (2) When the desired results can be achieved with no impediment or impairment to pub- lic use of the right-of-way; and (3) When the desired results can be achieved with no danger to the public being created thereby. Supp. No. 17 The director of public works or his designee shall have sole authority in determining whether the conditions previously stated in this paragraph have been met. (b) Any structures or other intrusions existing as of December 5, 1986 in public rights-of-way shall be r,emoved within six (6) months of the effective date of Ord. No. 1986-689, unless a permit of the type described herein is issued or is being processed by such date. No structures, improvement or other intrusion shall hereafter be placed or constructed in the right-of-way without a permit as herein described having been issued. (Code 1977, ~ 20-25) Sec. 21-102. Term of right.of-way use per- mits. The term of the permit provided for by this article shall be no longer than three (3) years from the date of issuance. The city engineer shall determine the appropriate term and issue the permit accordingly. Issuance of any permit shall not preclude the city from terminating said per- mit at any time, without liability to the city, pursuant to the pr~'Cisions of section 21:104. (Code 1977, ~ 20-26) "- " Sec. 21-103. Renewal. Permits issued under the prOVISIons of 'this article may be renewed if the original conditions to the issuance are still in existence and the city's interest continues to be served. (Code 1977, ~ 20-27) Sec. 21-104. Termination. Any permit issued under this article may be terminated upon ninety (90) days' notice from the city engineer. The city shall not be liable for any costs incurred by the permittee resulting from such termination. (Code 1977, ~ 20-28) Sec. 21-105. Utilities. No provision of this article shall be construed as to pertain to the legitimate use of the right-of-way by a utility company or special district. Such legitimate use shall be considered only as those 1385 * 21-105 WHEAT RIDGE CITY CODE uses which do not preempt the city's ability to utilize the right-of-way in the city's interest. Such uses include, but are not limited to, the following: Water mains, laterals, and services; sewer mains, laterals and services; electric, gas, communica- tions and telecommunications distribution net- works (both aerial and underground); and public transit shelters, benches and appurtenances. (Code 1977, ~ 20-29) Secs. 21-106-21-120. Reserved. ARTICLE IV. COURTESY BENCHES AND BUS STOP SHELTERS DIVISION 1. GENERALLY Sec. 21.121. Definition. In this article "courtesy bench" means: (1) Any bench or seat, located on public or private property within the city, which con- tains advertising material. (2) Any bench or seat, not containing advertis- ing material, which is located on a public right-of-way or on public or private prop- erty within the following rectangle adja- cent to an RTD sign designating a bus stop: Twenty (20) feet either side of the RTD sign and parallel to the roadway, and ten (10) feet from the RTD sign perpendicular from the roadway. (Code 1977, ~ 4A-l) Cross reference-Definitions and rules of cOhstruttion generally, ~ 1-2. Sec. 21-122. Exemptions. The city and the regional transportation dis- trict are hereby exempt from application of the provisions of this article. (Code 1977, ~ 4A-15) Sec. 21-123. Identification of owner. Each courtesy bench which is placed within the city shall be identified with the name of the owner, regardless of whether the owner is a person, business association, or nonprofit organi- ,zation. Such identification shall be placed on the Supp. No. 17 front edge of the bench seat which faces the street, and shall be designed so as to be identifi- able from the street. Such identification shall be placed on all benches, whether or not the bench has advertising. (Code 1977, ~ 4A-9) Sec. 21-124. Construction specifications; 10' cation, maintenance. (a) Size and weight. No bench shall be more than forty-two (42) inches in height, two (2) feet, six (6) inches wide, and more than seven (7) feet in length. All bus stop benches must weigh.a minimum of three hundred (300) pounds or must be anchored/secured in sufficient manner to pre- vent movement. (b) Location. Benches for bus stops shall be located only at designated bus stops within the public right-of-way, off ofthe roadway or off ofthe public right-of-way with written permission of the property owner. If a bench for a bus stop is located off of the public right-of-way, the written permis- sion of the property owner shall accompany the original application for permit and each annual reapplication submitted by the permittee. The bench must be placed at, or as near as is practi- cable to, the place where passengers board and disembark from the bus. It shall be the sole responsibility of the permittee to assure that all benches are placed on the public right-of-way or that permission has been granted from the other property owner. The bench company will be re- qnired to maintain and clean the area under and within a five-foot perimeter of the bench. (c) Distance from roadway; maintenance, acces- sibility. No bench for a bus stop shall be main- tained in any alley nor at any location where the distance from the roadway or curb to the back of the bench is more than eight (8) feet unless the building inspector, in his approval of the applica- tion, finds that to maintain a bench at such a location is in the public interest. All benches for bus stops shall be installed parallel with the street, and set back approximately three (3) feet from the paved roadway or curb, except as may be otherwise permitted by the building inspector, with respect to safety. All benches shall be kept at all times in a safe, clean and usable condition, and 1386 . .. . . . . . . . . STREETS AND SIDEWALKS ~ 21-141 each bench shall be accessible at all times. The permittee shall be responsible for maintaining and keeping the area under and within five (5) feet of their courtesy bench free of litter and trash. (d) Zones in which advertising matter on benches permitted. Benches at bus stops which do not contain any advertising matter shall be allowed in all zone districts. Benches without advertising shall not be subject to assessment of a permit fee, and may have a courtesy plaque, no larger than forty-eight (48) square inches, announcing the name of the person, organization or company responsibility for placement of the courtesy bench. Benches which contain advertising matter shall be permitted, by right only in the following zone districts: (1) Commercial series (RC-l, R-C, C-l, C-2, PCD) (2) Industrial (PID) (3) Multifamily (R-3, R-3A, PRD) (4) Hospital (H-l, H-2) (e) Benches without advertising. For every five (5) benches allowed with advertising, each bench company shall provide one bench without adver- tising in a zone other than those listed above. The city specifically finds that exclusion of benches containing advertising from the A-1, A-2, R-l, R-lA, R-1C, R-2, and R-2A zone districts within the city is necessary to preserve the aesthetic character and integrity of the predominantly single- family residential homes and neighborhoods es- tablished therein. Because the need for benches exists within such enumerated predominantly single- family areas, provided such benches do not denigrate the aesthetic characteristics thereof through the presence of advertising thereon, it is required that for every five (5) benches allowed with advertising within the commercial, indus- trial, multifamily and hospital series identified above, each bench company shall provide one bench without advertising in one of the predomi- nantly single-family residential areas enumer- ated in this subsection. (0 No courtesy bench with advertising shall be permitted in any location for which a permit for a bus stop shelter with advertising has been issued pursuant to section 21-151. (Code 1977, ~ 4A-10; Ord. No. 1996-1016, ~ 2, 2-12-96) Supp. No. 17 Sec. 21-125. Manner of advertising. Advertising material which is contained on benches shall be displayed only upon the front surface of the backrest ofthe bencl1. All advertis- ing materials, words, pictures, or other signs which might mislead or distract traffic such that it becomes a hazard to public safety are prohib- ited. (Code 1977, ~ 4A-ll) Sec. 21-126. Bus stop removal. If the bus stop at which a bench for a bus stop is placed is moved or eliminated, notice by certi- fied mail shall be sent to the owner of the bencl1 , as identified in section 21-123, informing him that the bench must be removed. The bench shall be removed by the permittee within thirty (30) days after the notice is mailed. Prior to placing the bench for the bus stop in a new location, new approval by the building inspector must be ob- tained by submitting a new application for per- mit, a new site plan, and an additional fee to the building inspector. (Code 1977, ~ 4A-12) Sec. -2kI27. Sign contractor's license re- ." quired. In addition to the permit as set forth in this article, the permittee shall also be reqnired to obtain a sign contractor's license. (Code 1977, ~ 4A-14) Cross reference-Licensing of contractors1.~ 5-115 et seq. Secs. 21-128-21-140. Reserved. , DIVISION 2. PERMIT* Sec. 21-141. Required. No courtesy bench shall be installed or main- tained by any person under the provisions of this article without first obtaining a permit from the building division of the city. (Code 1977, ~ 4A-2) "'Charter reference-Revocable permits for temporary use or occupation of streets, alleys, etc., ~ 15.9. 1387 ~ 21-142 WHEAT ,RIDGE CITY CODE See. 21-142. Application; reapplication :upon expiration of permit. (a) An application for a miscellaneous building permit shall be submitted to the chief building inspector disclosing the name of the applicant, the location of the proposed courtesy bench, a site plan on the form provided by the building inspec- tor, and any other materials which may be re- quired by the building inspector. One miscella- neous building permit application may be made for one or more benches; provided, however, that a separate fee shall be paid for each bench as hereinafter provided. (b) All permits shall expire at midnight on the thirty-first day of March of each year. In order to retain ownership of a current permit for a cour- tesy bench location, the owner must make reap- plication by the first day of March. If no location changes of the bench are anticipated, the reappli- cation shall include the same items as the initial application, with the exception of a site plan. However, if the owner wishes to make any changes of the bench, da new site plan shall be included in the reapplication. If reapplication is not submit- ted to the building inspector by March 1, the owner will be presumed to have abandoned his rights in the bench and the bench must be re- moved by the thirty-first day of March. (Code 1977, ~ 4A-3) Sec. 21-143. Fees to accompany application, amount; refunds or rebates. Each application and each reapplication for a courtesy bench permit shall be accompanied by a fee in the amount established by resolution for each bench. No refunds or rebates shall be made upon revocation, termination or expiration ofthe permits. (Code 1977, ~ 4A-4) Sec. 21-144. Issuance. The chief building inspector shall issue a cour- tesy bench permit if the inspector finds that the applicant has complied with all the provisions of this article, and if the inspector finds that the location and maintenance of a courtesy bench at the proposed location will not tend to obstruct passage or ~create a hazard to pedestrians and Supp. No. 17 vehicles traveling on the public right-of-way or in the vicinity thereof or be prejudicial to the inter- est of the general public. (Code 1977, ~ 4A-5(a)) Sec. 21.145. Inspection; failure to make timely placement; disapproval. After placement of the benches pursuant to the permit issued under the provisions of this divi- sion, the permittee shall notify the chiefbuilding inspector when and where the benches have been installed so that an inspection can be made to certify proper installation. The inspection date will thereafter be considered the official date of bench placement. If the courtesy bench is not placed within sixty (60) days from the date of issuance of the permit, the permit will be expired and any bench which had been placed shall be removed within fifteen (15) days thereafter. If the inspector fails to approve the courtesy bench after inspection, a written notice of reasons for the disapproval shall be given to the permittee; within fifteen' (15) days thereafter, the permittee shall correct the reasons for disapproval or remove the bench. (Code 1977, ~ 4A-7) Sec. 21-146. Maximum number; coordina- tion with other facilities. There shall be only two (2) benches per bus stop. Applications for permits for benches at bus stops will not be approved for locations with existing or proposed bus stop shelters. (Code 1977, ~ 4A-8) Sec. 21.147. Indemnity to the city and the , public. After approval ofthe application for permit has been obtained, but before a permit shall be issued, the applicant shall post or maintain with the city a bond or policy or public liability insurance approved by the city and conditioned substan- tially as provided for herein. The permittee shall indemnify and save harmless the city, its officers, agents, and employees from any and all loss, costs, attorney's fees, damages, expenses, -or lia- bility which may result from or arise out of the granting of such permit, and the installation and 1388 . . . . . . . . . . STREETS AND SIDEWALKS ~ 21-151 maintenance of each bench for which a permit is issued. The permittee shall pay any and all loss or damage which may be sustained by any person as a result of or which may be caused by or arise out of such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the permittee at its expense at all times during the period for which the permit is in effect. In the event that two (2) or more permits are issued to one (1) permittee, one (1) blanket bond or policy covering all benches of the permit- tee may be provided, but such bond or policy shall be of the type where coverage shall automatically be restored after the occurrence of any accident or loss from which liability may thereafter occur. The limit of liability upon any bond or policy so posted shall in no case be less than two hundred fifty thousand dollars ($250,000.00) per person and one million dollars ($1,000,000.00) per occur- rence. Any bond shall be accompanied by good and sufficient sureties approved by the city. (Code 1977, ~ 4A-13; Ord. No. 1996-1026, ~ 3, 5-13-96) Sec. 21-148. Assignment or transfer. A courtesy bench permit issued by the chief building inspector shall not be assignable or trans- ferable to any other person without the express written and prior approval of the city, which permission may be withheld at the sole discretion of the city. (Code 1977, ~ 4A-6) Sec. 21-149. Denial, revocation. Any permit issued under authority of this article may be denied or revoked by the chief building inspector for any of the following rea- sons: (1) Violation by the permittee or applicant of any of the provisions of this article. (2) Any fraud or misrepresentation made by the permittee or applicant in the applica- tion. (3) Failure by the permittee or applicant to maintain in full force and effect the nec- Supp. No. 22 essary indemnity bond or evidence of pub- lic liability insurance as required by this article. (4) Where a finding is made that the location or maintenance of a bench at a specified or proposed location shall be deemed to be a hazard to pedestrians or vehicular traf- fic, or prejudicial to the interest of the general public. (Code 1977, ~ 4A-5(b)) Sec. 21-150. Removal of bench following re- vocation. In the event a permit is revoked for any cour- tesy bench, notice shall be sent by certified mail to the permittee as listed in the most recent appli- cation or reapplication for permit. Within thirty (30) days after the notice is sent, the permittee shall remove or cause to have removed the par- ticular courtesy bench or benches. If the permit- tee fails to remove the particular courtesy bench or benches pursuant to the notice, the city shall have the immediate right to have the courtesy bench or benches removed at the expense of the permittee. The revocation of a courtesy bench permit shall apply to the bench or benches which are expressly listed in the notice. (Code 1977, ~ 4A-5) Sec. 21-151. Bus stop shelters. The city may provide for the erection of bus stop shelters directly by the city, by contract, agreement, or otherwise. All such bus stop shel- ters shall be constructed in compliance with the requirements of the Americans With Disabilities Act. If erected by contract or agreement with a private company, the terms of such contract or agreement shall govern the placement of such shelters; provided, however, that all such shelters shall comply with the following requirements of this article IV (wherein all references to "courtesy benches" shall be deemed by this reference to include "bus stop shelters)": (1) Location: All bus shelters may be located on all Class 2, 3, 4 and 5 (collector, arte- rial or major arterial) roadways. No bus shelter may be permitted on any Class 6 or 7 (local) roadways other than at inter- 1389 ~ 21-151 WHEAT RIDGE CODE sections of a major roadway as described above (refer to Exhibit A). LQc?tic;ms shall be generally as shown on attached Ex- hibit B, with final approval of locations determined by the city. However, the city may deny permission to locate a bus stop shelter at a specific location for any rea- son. (2) Prior to construction of a bus shelter, the site shall be posted with a sign indicating a shelter is proposed at that location and anyone objecting to the location shall in- dicate to the city in writing, within fifteen (15) days of the posting of the sign, their objection and the reasons therefor. Any location which receives an objection shall be presented to city council at a public meeting for approval or denial. The city shall have the final determination on the locations for bus shelters. (3) The city council may, by resolution, add or delete locations shown on Exhibit B. (4) Bus stop removal: Section 21-126. (5) Application for miscellaneous building per- mit required: Section 21-142(a). (6) Indemnity to the city and the public: Section 21-147. (7) Assignment or transfer: Section 21-143. (8) Denial, revocation: Section 21-149. (9) Removal following revocation: Section 21- 150. (Ord_ No_ 1996-1016, ~ 3, 2-12-96; Ord. No. 1998- 1143, ~ 1, 12-14-98) [The next page is 1431] Supp. No. 22 1390 . . . e .