HomeMy WebLinkAboutOrdinance-2001-1221
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Edwards
Council Bill No. 12-2001
Ordinance No. 122]
Series of 2001
TITLE' AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 21 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, CONCERNING WORK IN
PUBLIC WAYS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision
of the State of Colorado organized and existing as a home rule municipality pursuant to
Article XX of the Colorado Constitution and the home rule charter for the City (the
"Charter"), and
WHEREAS, pursuant to section 1.3 of t:10 Charter, the City has all the power of
local self-government and home rule and all Hie power possible for a municipality to have
under the Constitution of the State of Colorado, and
WHEREAS, the City desires to accommodate public and private entities' use of
public ways for location of equipment required for provision of public services while
maintaining the integrity of the rights of way as much as possible for pedestrian and
vehicular traffic, and
WHEREAS, the City has identified a need to require permits, establish permit
procedures, fix and collect fees and charges and provide principles and procedures for the
placement of structures and infrastructures, for construction, excavations, encroachments
and work activities within or upon any public right-of-way in the City while protecting the
integrity of the road system
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS
Section 1. Articles I and II of Chapter 21 of the Code of Laws of the City
of Wheat Ridge are hereby repealed and reenacted to read'
ARTICLE I. IN GENERAL
Sec. 21-1.
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
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Contractor means an individual, partnership or corporation as defined In
Section 5-101 of the Wheat Ridge Code of Laws.
Design engineer means a professional engineer registered in the state or an
individual exempted from state registration requirements pursuant to Colorado Revised
Statutes S 12-25-1 03( 1 )(c), and who is 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 andlor 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 services, cut or defective
telephone, electric and cable facilities and traffic signal control lines or other situations as
determined by the director.
Flowable backtill material shall contain the following ingredients meeting ASTM
properties and be mixed in the following proportions
Mix Proportions
LBSICY ot Concrete
Ingredients
Cement
Sand
1 " aggregate
Air entrainment
Water
Test Method
ASTM C-1 50 42 pounds
ASTM C-33 1845 pounds
ASTM C-33 1700 pounds
ASTM C-260 5 ounces
ASTM C-94 39 gallon
The maximum desirable twenty-eight-day compressive 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 construction, installation and excavation
Such permits shall be issued only at such time as all requirements 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 association; corporation; municipal department; company or organization of any
kind.
Public way or public right-ot-way or right-ot-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
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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 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 pavement
Work in the public way shall include, but not be limited to, excavation in or
construction of streets and all related appurtenances, curbs and gutters, 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.
Sec. 21-2.
Vacation of roadways; reservations 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 of the existing
or future sewer, gas, water or similar pipelines and appurtenances, pedestrian, walkways,
ditches or canals and appurtenances, 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
Sec. 21-3.
Violation, penalty.
Any violations of any of the provisions of this chapter shall be punished as provided
in Section 1-5 of the Wheat Ridge Code of Laws. Notwithstanding, the provisions of
section 21-20(c) may, in the discretion of the director, be enforced pursuant to the terms
thereof.
Sec. 21-4.
Appeals generally.
Final decisions of the City issued under this Chapter are subject to judicial review in
accordance with Rule 106(4) of the Colorado Rules of Civil Procedure.
Sec. 21-5. - 21-10. Reserved.
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ARTICLE II. WORK IN PUBLIC WAYS
Sec. 21-11.
Permits-Generally.
(a) Permit required, compliance with regulations and specifications; application
to city personnel. 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 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 an applicant until said applicant has been licensed by the City as provided in
chapter 5 of the Wheat Ridge Code of Laws This provision shall not apply to work
performed by city personnel in pursuit of their regular or assigned duties or to work
performed by a person or entity under a contract with the City
(b) Limited application to state contractors. 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 contractor shall name the City as an additional insured on
their insurance policies in force for the state contract.
(c) Permits and documents to be maintained on job site. An original or copy of
each permit obtained, along with all required associated documents, shall be maintained on
the job site and available for inspection and request by any officer or employee of the City.
(d) Limitation of work area. No permittee shall perform construction, excavation
or work in an area larger or at a location different than that specified in the permit If,
however, work in the public way is commenced under an approved permit and it becomes
necessary to perform work in the public way in an area larger or different than that
requested under the application, the permittee shall notify the director immediately and
within twenty-four (24) hours shall file a supplementary application for the additional work
in the public way. The Director shall issue a supplementary permit within twenty-four (24)
hours thereafter.
(e) Permits non-transferable. Permits shall not be transferable or assignable and
work shall not be performed in any place other than that specified in the permit The
applicant may subcontract the work to be performed under a permit provided that the
permit applicant and holder shall be responsible for the performance of the work under the
permit and all insurance and financial security as required.
Sec. 21-12.
Exceptions for private utility and water companies. water and sanitation
districts and certain utility companies.
Private utility and water companies, including the Denver Water Board and
Consolidated Mutual Water Company, whose primary function is to provide water for
consumption, and 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
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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 All emergency work will require prior
telephone notification to the City police department and the appropriate fire protection
agency. Except as provided in this section, the entities described herein are subject to all
duties, fees and requirements of this article.
Sec. 21-13.
Permit application submittals. An applicant for a permit to work In the
public way shall
(a) File a written application on forms furnished by the City that include the
following. the date of application, the name and address of the applicant; the name and
address of the developer, contractor or subcontractor licensed to perform work in the
public way; the exact location of the proposed construction, excavation, or work activity
(the "subject property"), the type of existing public infrastructure (street pavement, curb
and gutter, sidewalks or utilities) impacted by the construction, excavation, or work; the
purpose of the proposed construction, excavation, or work; the dates for beginning and
end:ng the proposed construction, excavation, or work; the measurements, quantities,
itemizations and total cost, including labor and materials, of the construction improvements
and excavations affecting the public way; and type of work proposed.
(b) Include evidence that the applicant or its contractor IS not delinquent In
payments due the City on prior work
(c) Include evidence of all permits or licenses (including required insurance,
deposits, bonding, and warranties) required to do the proposed work, if licenses or permits
are required under the laws of the united states, the state of Colorado, or the ordinances of
the City.
(d) Unless otherwise provided in a Franchise Agreement with the City, provide a
satisfactory plan of work showing protection of the subject property and adjacent
properties when the City determines such protection is necessary
(e) Provide a satisfactory plan for the protection of shade and ornamental trees
and the restoration of turf when the City determines that damage may occur to such trees
or turf.
(f) Include a signed statement verifying that all orders issued by the City to the
applicant, requiring the applicant to correct deficiencies under previous permits issued
under this ordinance, have been satisfied
(g) If the work involves construction or extension of water mains, sewer mains,
storm sewers, curb and gutter, sidewalk, street construction or other aboveground 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.
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(h) 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
(i) Include with the application a satisfactory traffic control and erosion
protection plan for the proposed construction, excavation, or work, when requested by the
City. 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)
(j) Unless otherwise provided in a Franchise Agreement with the City, provide
satisfactory security (letter of credit or performance bond) to secure the performance of the
obligations contained herein.
(k) Pay the fees prescribed by this ordinance.
Sec. 21-14. Permit to work in the public right-ot-way contents.
Each permit issued under this section shall state the permit number, the date of
issue and expiration of the permit; the name and address of the permittee, the name and
address of the developer, contractor or subcontractor licensed to perform work under the
permit; the location, nature, and purpose of the proposed construction, excavation, or work
permitted, any conditions of approval (including but not limited to inspection, testing,
certification, and provision of as built drawings), the type of existing public infrastructure
(street pavement, curb and gutter, sidewalks or utilities) impacted by the permit,
incorporation of the engineering construction drawings or site plans and traffic control and
erosion protection plans; incorporation of any supplemental permits (wetland, floodplain
development, state highway access or utility, revocable right-of-way and water and sewer
utility permits, etc.) required; the amount of fees and deposits paid, and the performance
bonds, letter of credit, or other security filed by the permittee. The permits shall be issued
within a reasonable time after submitting a complete application with all requirements
attached. If the City requires more information for processing an application, the City shall
request the specific information needed in writing within fifteen (15) days of submitting an
application
Sec. 21-15.
- 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
paid for permits required by this article and for inspections made or required by this article
shall be established by resolution, taking into account the costs incurred by the City in
providing services relating to the granting and administering of permits hereunder. The
current fee schedule shall be maintained by the department of public works and may be
examined during normal business hours.
(b) When bond, cashier's check, letter of credit required. When the cost of the
work for which a permit or permits is required exceeds ten thousand dollars ($1 O,OOO.OOl,
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an 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, unless otherwise provided in a
Franchise Agreement with the City The irrevocable letter of credit shall be in effect for
two (2) years after acceptance of the work by the City.
(cl Violation; penalty; replacement at permittee'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 Code of Laws. The violator
shall be required to obtain the required permit for the work Unless otherwise limited by
law, 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
(d) Denial of permit; appeal. No permit shall be issued to any person who, in the
reasonable opinion of the director, is not qualified to perform the work in accordance with
the street excavation standards and specifications. The decision of the director upon
appeal shall constitute the final decision of the City.
(el Escrow account. In the sole discretion of the City, the Permittee may set up
an escrow account with the City to cover costs associated with the permits required under
this chapter.
Secs. 21-21-21-29. Reserved.
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)
The effects of freezing, thawing and water infiltration;
(5)
Any unauthorized deviation in the work from that shown on the
approved plans and specifications;
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(6) Work not performed In accordance with the City's standards and
specifications,
(7) Damage to the work prior to completion of construction;
(8) Any other violation of this chapter or the ordinances of the City.
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 (2) year guarantee be provided for subsequent repairs 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 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. If the City does not
give Permittee written notice of repairs within the two year period, acceptance is deemed
(c) At any time prior to completion of the two-year warranty period, the director
may notify the permittee, as set forth in subsection (d) below, of any needed repairs.
Emergency 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 and responsibility 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 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, together with a five hundred dollar
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($500.00) mobilization charge. 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 or in the
discretion of the Director. 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 thirty-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 issue an
order setting 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) A hearing requested pursuant to this section shall be an administrative
proceeding, conducted in the manner described in section 21-56 of
this chapter. 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 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
(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 official.
(f) The warranty described in this section shall cover only those areas of Work
undertaken by a Permittee and/or its Contractors. In the event that Work of another
Permittee or the City subsequently impacts a portion of Work under warranty by a
Permittee during the warranty period, then the subsequent Permittee or the City shall
assume responsibility for repair to the subsequently impacted section of Right of Way
(9) The decision of the director shall be final
Sees. 21-31-21-50
Reserved.
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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 of the Wheat Ridge Code of Laws
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 of this Chapter (as relates
solely to utilities and quasi-municipal corporations, and including, for purposes of this
Chapter 21, the Consolidated Mutual Water Company) and unless otherwise specified in a
Franchise Agreement with the City, persons making excavations in the public ways 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 unless caused
by the intentional acts of the City 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, unless caused by the intentional acts of the City 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
and the traffic control plan shall be followed.
(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 close 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 closure will be allowed and any special conditions
required for closure of the roadways.
(4) When a street is overlaid or reconstructed by the City or work in the right of
way is undertaken by another Permittee, the responsibility of the original Permittee is
removed to the extent that such subsequent work affects the original Permittee's work, in
the sole determination of the Director 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 its street cuts
(5) Each permittee shall maintain the work site so that trash and construction
materials are contained so that they are not blown off the construction site; trash is
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removed from a construction site often enough so that it does not become a health, fire, or
safety hazard; trash dumpsters and storage or construction trailers are not placed in the
street without specific approval of the director
(6) Each permittee shall comply with the requirements to eliminate the tracking
of mud or debris upon any street or sidewalk as prescribed in the city code Equipment and
trucks used during construction, excavation, or work activity shall be cleaned of mud and
debris prior to leaving any work site
(7) Each permittee shall protect trees, landscape, and landscape features as
required by the City. All protective measures shall be provided at the expense of the
permittee If the Permittee causes damages to trees or landscape, Permittee shall repair
the damage or replace the damaged items or reimburse the owner of such items when the
loss or damage is irreparable, within a reasonable period of time.
(8) Backhoe equipment outriggers shall be fitted with rubber pads whenever
outriggers are placed on any paved surface. Tracked vehicles with grousers are not
permitted on paved surface unless specific precautions are taken to protect the surface
The permittee will be responsible for any damage caused to the pavement by the operation
of such equipment and, upon order of the director, shall repair such surfaces. Failure to do
so will result in the use of the permittee performance/warranty guarantee by the City to
repair any damage
(9) Each permittee shall protect from injury any adjoining property by providing
adequ8te support and taking other necessary measures. The permittee shall, at his own
expense, shore up and protect all buildings, walls, fences or other property likely to be
damaged during the work, and shall be responsible for all damage to public or private
property resulting from failure to properly protect and carry out work in the public way.
(10) As the work progresses, all public ways and private property shall be
thoroughly cleaned of all rubbish, excess dirt, rock, and other debris All clean-up
operations shall be done by the permittee
(11) Each permittee shall not disturb any surface monuments or survey hubs and
points found on the line of work unless approval is obtained from the director Any
monuments, hubs, and points disturbed will be replaced by a Colorado registered land
surveyor at the permittee's expense.
(1 2) Each permittee shall make provISions for employee and construction vehicle
parking so that neighborhood parking adjacent to a work site is not impacted.
(13) Each permittee shall maintain an adequate and safe unobstructed walkway
around a construction site or blocked sidewalk in conformance with the code of laws
(14) Each permittee shall clean all snow and ice hazards from public sidewalks at
the work site by noon following a snowfall
Sec. 21-53.
Inspection requests.
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(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
observe and test the work being performed during such time.
(b) 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
(c) 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 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. 21-55. Revocation; stop work orders; suspension; appeals.
(1) A permit may be revoked or suspended by the director, after written notice
to the permittee and an opportunity to cure, for
a
Violation of any condition of the permit or of any provision of this
chapter
b.
Violation of any provision of any other ordinance of the City or state
law relating 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
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(2) 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
(3) The suspension or revocation of a permit shall take effect forty-eight (48)
hours after notification is given to the Permitee, unless the revocation or suspension is
issued pursuant to Subsection (1)c of this Section, in which case it shall be effective
immediately upon notification Notification shall be deemed given the day notice is sent via
certified mail, return receipt requested, to Permitee's last known address.
a The director may cancel suspension or revocation if the Permitee
offers satisfactory proof to the director within forty-eight (48) hours
of notification that the violation causing such suspension or
revocation has been completely abated or that the Permitee has
instituted a process to abate the violation in the quickest manner
possible, given the nature of the violation.
(4) A Permitee may appeal any suspension or revocation or stop work order by
submitting to the director, within seven (7) days of the effective date, a written request for
a hearing
(51 If a hearing is requested, the director shall issue an order setting a time,
place and date, and so notify the Permitee The hearing date shall not be more than thirty
(30) days from the date of receipt of the request for a hearing The Permitee shall be
afforded a minimum of seven (7) days between service or mailing of the order and the
hearing.
(6) A hearing requested pursuant to this section shall be an administrative
proceeding, conducted in the manner described in section 21-56 of this chapter Upon
completion of the hearing, the director shall take all evidence under advisement and shall,
within seven (7) days, transmit the findings and rulings in writing to the Permitee The
decision of the director shall be final.
Sec. 21-56. Procedure for hearings.
Hearings before the director, or his or her designee, conducted pursuant to this
chapter shall be administrative and informal. Although an interested party may be
represented by an attorney, no formal rules of evidence shall be observed. No cross-
examination of witnesses will be permitted Evidence and witnesses will be received,
however the hearing officer has the right to exclude evidence which is repetitive and/or
Irrelevant The hearing officer may permit concluding and/or rebuttal statements
Sec. 21-57. -- 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'
GEO\53027 18121 5.08
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(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
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
(2) 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 the time he files the permit application
required by Section 21-13. The Permittee shall not begin any work until he receives
approval from the director
(3) When necessary for public safety, 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 and inform them of the times and locations of
any impediment of traffic. Upon request of the Permittee, the City shall provide a list of
contact names and telephone numbers of each emergency personnel that is required to be
notified
(4) 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.
(5) 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 a.m. to 8.30 a m. or 3'30 p.m. to 6 p m without the approval of the director
(6) As a guide for all maintenance and traffic signing, Part VI of the" Manual on
Uniform Traffic Control Devices" and the COOT 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
(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 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.
(8) 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
(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
GED\53027\ 181215 08
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or otherwise masked from view during nonworking 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 nonworking hours
are subject to confiscation by the City. Confiscated signs may be released by the City to
the owner after payment of a fifteen dollars ($15.00) redemption fee for each confiscated
sign. Traffic control devices shall not be placed on sidewalks or other areas where they
would block pedestrian access, nor at intersection corners where they block sight lines.
(10) 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, valve housing structures, or any other vital equipment unless
permission is obtained from the owner of that facility.
(11) 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 a.m nor at any time on Saturday, Sunday or holidays except with written permission
of the director or in case of emergency
(12) Any Permittee may undertake routine maintenance on existing facilities
without obtaining a traffic control plan approved by the City.
Sec. 21-60.1. Excavations, backfilling and compacting.
The director has the authority to promulgate all necessary rules and regulations
governing or otherwise related to the materials to be used in excavation, backfilling,
compacting and any other reclamation projects in the public rights of way, to protect the
health, safety and welfare of the City inhabitants. All work performed under this Chapter
shall conform with any such rules and regulations.
Sec. 21-61.
Construction requirements in unimproved streets.
All excavations made in unimproved city streets, alleys or rights-of-way shall be
carefully backfilled and compacted by the method prescribed in the rules and regulations
promulgated pursuant to Section 21-60 1 above. Minimum surfacing of six (6) inches of
class 6 aggregate base course shall be placed and compacted to one hundred (100) percent
of AASHTO T99.
Sec. 21-62.
Relocation of facilities.
The City may request relocation of facilities: (1) in order to allow the City to make
any public use of streets or public ways, or (2) if at any time it shall become necessary
because of a change in the grade or by reason of improving, repairing, constructing,
maintaining any street or public way or storm sewer located therein, or reason of traffic
conditions, public safety or reason of installation of any type of structure of public
improvement by the City or other public agency or special district, and any general program
GED\53027\ 181215.08
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for the undergrounding of such facilities, to move or change the permittee's facilities within
or adjacent to streets or public way in any manner, either temporarily or permanently The
permittee shall thereupon accomplish the necessary relocation, removal or change within a
reasonable time from the date of the notification, but in no event later than three (3)
working days prior to the date the City has notified the permittee that it intends to
commence its work or immediately in the case of emergencies Upon the permittee's
failure to accomplish such work, the City or other public agencies or special district may
perform such work at the permittee's expense and the permittee shall reimburse the City or
other agency within 30 days after receipt of a written invoice for such expense The
permitee's obligation to bear the expense of relocation shall also include costs incurred by
the City as a consequence of delay by permitee in relocating its facilities. Unpaid expense
invoices may be collected by the City in the same manner allowed for collection of
delinquent charges, assessments or taxes. Following relocation, all affected property shall
be restored to, at a minimum, the condition which existed prior to construction by the
permittee at the permittee's expense. Except in the case of emergencies, the City shall
provide a permittee with at least 90 days advance notice of the City's need to relocate its
facilities
Sec. 21-63.
Maintenance of Records.
All permitees under this Chapter shall compile and provide to the City records of the
location and extent of their facilities located in the public rights of way, such records to
include as-built drawings if requested by the director With respect to private utility and
water companies, including the Denver Water Board and Consolidated Mutual Water
Company, whose primary function is to provide water for consumption, and water and
sanitation districts and public utilities, such permitees shall compile and maintain accurate
records of the extent of their facilities located in the public rights of way and provide them
to the City upon request.
See 21-64. - 21-100. Reserved.
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Section 2. Supersession Clause. If any provision, requirement or standard
established by this Ordinance is found to conflict with similar provisions,
requirements or standards found elsewhere in the Code of Laws of the City of
Wheat Ridge, which are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede and prevail.
Section 3. Safetv 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 and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15)
days after final publication, as provided by section 5.11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~
on thiS 21st day of May , 2001, 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 Tnn" -D-..' 2001, 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 1L- to ----0-' this 11 rhday of Tnnp , 2001
SIGNED by the Mayor on this ~ day of ~]/ 'V'--' ,2001.
( ~)
) / C~~/
l/. "
TCHEN CERVENY, MAYOR
ATTEST:
. ";);.:.,4. ~t'~,
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY CITY
ATTORNEY
GED\53027\ 181215.08
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First Publication. May 2').
Second Publication: June
Wheat Ridge Transcript
Effective Date' July
2001
22, 2001
7, 2001
GED'53027\ 181215.08
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