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HomeMy WebLinkAboutR84-30 regulations for construction with public wayCommissioner C�,` // rt�S moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 84 -30
A RESOLUTION ADOPTING REGULATIONS FOR CONSTRUCTION
WITHIN THE PUBLIC WAY OF EAGLE COUNTY
WHEREAS, the Board of County Commissioners of the
County of Eagle, State of Colorado ( "Board "), on August 13,
1979, adopted a Resolution regulating work within the public
ways of Eagle County, pursuant to, inter alia, Section
30 -11 -107, C.R.S.: and
WHEREAS, the Board desires to repeal the aforesaid
Resolution, as amended, and, in its place and stead, to adopt
comprehensive regulations for construction within the public
ways of the County of Eagle, State of Colorado, as set forth
Exhibit A attached hereto and incorporated herein by this
reference ( "Regulations "), pursuant to the authority granted
Board by Sections 30 -11- 101, 30 -11 -107, 29 -20 -101, et seq.,
30 -28 -101, et see., 38 -5 -101, et seq., 42 -4 -101 through
42 -4 -514 42 -4 -1207 43 2 1 '
in
the
11, 43 -2 -147, 43 -5 -301, 43 -5 -307 and
32 -1 -1000, respectively, C.R.S.; and
WHEREAS, the Board on April 16, 1984, held a public
hearing to consider the adoption of the proposed Regulations
and, based upon the public input received thereat, continued
such public hearing to May 21, and June 7, respectively, 1984;
and
WHEREAS, notice stating the time and place of the
initial public hearing.was duly given by publication in the
Eagle Valley Enterprise on March 15, March 29, and April 12,
respectively, 1984, and mailed to interested persons and
entities; and
WHEREAS, various drafts of the proposed Regulations
have continuously been made available for public inspection in
the Eagle County Engineering Department; and
WHEREAS, representatives of the Eagle County
Engineering Department have held several worksessions with
representatives of the public utility companies, general
building contractors, and homebuilders for the purposes of
discussing the proposed Regulations and receiving input,
comments, and suggested revisions relative thereto; and
WHEREAS, the Board, having reviewed all of the
evidence, testimony, statements and exhibits submitted at the
public hearing, as well as the comments and recommendations of
the Eagle County Engineering Department, hereby determines that
the proposed Regulations set forth in Exhibit A are necessary
and designed for the purpose of promoting the health, safety and
welfare of the inhabitants of the County of Eagle, State of
Colorado, and in the best interests of the people of said
County, and of all persons using or relying upon the public ways
of the County of Eagle.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the "Regulations for Construction within the
Public [days of Eagle County ", as set forth in Exhibit A attached
hereto and incorporated herein by this reference, are hereby
adopted by the Board, and shall be effective July 15, 1984.
THAT, upon the effective date of the attached
Regulations, the Eagle County Road Cut Permit and Road
Construction Permit Resolution of August 13, 1979, and any and
all amendments thereto, are hereby repealed. The repeal of the
aforementioned Resolution and any and all amendments thereto
shall not revive any other resolution or portion repealed by
said Resolution or amendments thereto; and such repeal shall not
affect nor prevent the prosecution or punishment of any person
for the violation of any resolution or amendment repealed hereby
for an offense committed prior to the repeal.
THAT, a copy of the Regulations set forth in Exhibit A
shall be kept in the office of the Eagle County Engineering
Department, and there made available for public inspection.
THAT, it shall be unlawful for any person to violate
the terms of this Resolution, Exhibit A attached hereto, or of
any lawful orders or regulations issued incident thereto. Any
such violation shall render the violator appropriate civil
proceedings and /or criminal proceedings as identified and set
forth in the Regulations attached hereto as Exhibit A.
-2-
THAT, the Board shall
month of 148-5, to review
Regulations attached hereto as
hold a public hearing in the
the application of the
Exhibit A.
THAT, pursuant to Resolution No. 82 -26, the Regulations
attached hereto as Exhibit A are hereby incorporated into the
Eagle County Land Use Regulations as Chapter V.
THAT, should any section, clause, provision, sentence
or word of this Resolution, including the attached Exhibit A, be
declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of this Resolution
as a whole, or any parts thereof, other than the part so
declared to be invalid. For this purpose, this Resolution and
Exhibit A attached hereto are severable.
THAT, this Resolution and the attached Exhibit A are
necessary for the health, safety and welfare of the citizens of
the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held the 18th day of June, 1984.
ATTEST:
By: GIGZ(l/ife �'%
Clerk of the Board o
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: t�j 1� ?UA,
W. Keith Troxe , Ch irman
-3-
r
Commissioner �%d7% -
vote was as follows: seconded the adoption
of the foregoing Resolution. The ro 1 having been called, the
Commissioner W. Keith Troxel
Commissioner David E. Mott
Commissioner Dan Williams
This Resolution adopted by (//f/� U`���5 vote of the
Board of County Commissioners of the County of Eagle, State of
Colorado.
-4-
a
EXHIBIT A
CHAPTER V
REGULATIONS FOR CONSTRUCTION WITHIN
THE PUBLIC WAY OF EAGLE COUNTY
TABLE OF CONTENTS
SECTION NO. CONTENT PAGE
PART I - GENERAL PROVISIONS
5.01
REPEAL OF PRIOR RESOLUTION, REGULATIONS
AND /OR AMENDMENTS . . . . . . . . . . . .
. 5 -1
5.02
CONSTRUCTION OF REGULATION . . . . . . .
. 5 -1
5.03
AUTHORITY . . . . . . . . . . . . . . . .
. 5 -2
5.04
DEFINITIONS . . . . . . . . . . . . . . .
. 5 -2
5.05
UNLAWFUL TO WORK IN OR ON ANY PUBLIC WAY
WITHOUT PERMIT; COMPLIANCE; PERMIT
REQUIREMENT EXEMPTIONS; ANNUAL PERMITS
5 -7
5.06
APPLICATIONS FOR PERMITS . . . . . . . .
. 5 -8
5.07
COORDINATION WITH EXISTING UTILITIES . .
. 5 -9
5.08
PERMIT FEES . . . . . . . . . . . . . .
. 5 -10
5.09
COLLATERAL FOR FAITHFUL PERFORMANCE . . .
5 -12
5.10
PAYMENT OF PERMIT FEES AND COLLATERAL . .
5 -14
5.11
INSURANCE . . . . . . . . . . . . . . . .
5 -14
5.12
APPROVAL OR DISAPPROVAL OF APPLICATION -
COMMENCEMENT OF WORK . . . . . . . . . . .
5 -16
5.13
COMPLIANCE WITH ENGINEERING AND
CONSTRUCTION STANDARDS, SPECIFICATIONS
AND DETAILS . . . . . . . . . . . . . . .
5 -17
5.14
PERMIT DURATION AND LIMITS . . . . . . . .
5 -17
5.15
ADDITIONAL PERMITS . . . . . . . . . . . .
5 -18
ADOPTED 6/18/84
EFFECTIVE 7/15/84 i
ADOPTED 6/18/84
EFFECTIVE 7/15/84 ii
5.16
PERMIT AT THE JOB SITE; FIELD CHANGES
AND REVISIONS . . . . . . . . . . . . . .
. 5 -18
5.17
ASSIGNMENT OF PERMITS . . . . . . . . . .
5 -19
5.18
PROTECTION OF THE PUBLIC WAY USER . . . .
. 5 -19
5.19
NOTICES TO OWNERS AND TENANTS ABUTTING
AND ADJOINING . . . . . . . . . . . . . .
. 5 -20
5.20
EXCAVATION WITHIN PAVED PUBLIC ROADWAYS
5 -20
5.21
INSPECTION . . . . . . . . . . . . . . . .
5 -22
5.22
CORRECTION NOTICES AND STOP WORK ORDERS;
SUSPENSION AND REVOCATION OF PERMITS . . .
5 -22
5.23
CORRECTION PERIOD . . . . . . . . . . . .
5 -23
5.24
CONDITIONAL APPROVAL . . . . . . . . . .
5 -24
5.25
CORRECTIVE WORK AND MAINTENANCE . . . . .
5 -25
5.26
EMERGENCY WORK . . . . . . . . . . . . .
5 -26
5.27
RELOCATION . . . . . . . . . . . . . . . .
5 -27
5.28
LISTING OF FACILITIES IN PUBLIC WAYS . . .
5 -27
5.29
APPEAL . . . . . . . . . . . . . . . . .
5-28
5.30
ENFORCEMENT . . . . . . . . . . . . . . .
5 -28
5.31
HOLD HARMLESS . . . . . . . . . . . . . .
5 -30
5.32
LIABILITY OF COUNTY . . . . . . . . . . .
5 -31
5.33
SEVERABILITY . . . . . . . . . . . . . .
5 -32
5.34
INCORPORATION . . . . . . . . . . . . . .
5 -32
5.35
BINDING EFFECT . . . . . . . . . . . . . .
5 -32
ADOPTED 6/18/84
EFFECTIVE 7/15/84 ii
PART II - DESIGN AND CONSTRUCTION PROVISIONS
5.36
ENGINEERING AND CONSTRUCTION STANDARDS,
SPECIFICATIONS AND DETAILS . . . . . . .
. 5 -33
5.36.01
NOTIFICATION TO ENGINEER . . . . . . . .
. 5 -33
5.36.02
TRAFFIC CONTROL . . . . . . . . . . . . .
. 5 -33
5.36.03
MINIMUM DEPTH OF COVER . . . . . . . . .
. 5 -34
5.36.04
BACKFILL . . . . . . . . . . . . . . . .
. 5 -35
5.36.05
JACKING AND BORING . . . . . . . . . . .
. 5 -37
5.36.06
PAVEMENT REMOVAL AND RESTORATION . . . .
. 5 -37
5.36.07
WORK SITE IMPROVEMENTS PROTECTION AND
RESTORATION . . . . . . . . . . . . . .
. 5 -39
5.36.08
ROADWAY CONSTRUCTION . . . . . . . . . .
. 5 -40
5.36.09
DRIVEWAY APPROACHES . . . . . . . . . . .
. 5 -40
5.36.10
MISCELLANEOUS PROVISIONS CONCERNING
UTILITY INSTALLATIONS . . . . . . . . . .
. 5 -40
5.36.11
STANDARD DETAILS . . . . . . . . . . . .
. 5 -42
ADOPTED 6/18/84
EFFECTIVE 7/15/84 iii
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CHAPTER V
REGULATIONS FOR CONSTRUCTION WITHIN
THE PUBLIC WAY OF EAGLE. COUNTY
PART I - GENERAL PROVISIONS
5.01 REPEAL OF PRIOR RESOLUTION, REGULATIONS AND /OR
AMENDMENTS
Upon the effective date of these Regulations, the Eagle
County Road Cut Permit and Road Construction Permit
Resolution of August 13, 1979, and any amendments
thereto are hereby repealed. The repeal of the
aforementioned Resolution and any amendments thereto
shall not revive any other resolution or portion
repealed by said Resolution or amendments thereto; and
such repeal shall not affect nor prevent the
prosecution or punishment of any person for the
violation of any resolution or amendment repealed
hereby for an offense committed prior to the repeal.
5.02 CONSTRUCTION OF REGULATION
5.02.01 The following statements are rules regarding the
construction of language in these Regulations:
A. The particular has precedence over the general
statements.
B. In case of any difference of meaning or
implication between the text of these Regulations
and captions for each section, the text shall
control.
C. The word "shall" is always mandatory and not
directory. The word "may" is permissive.
D. Words used in present tense include the future,
unless the context clearly indicates the contrary.
E. Words used in the singular shall include the
plural, unless the context clearly indicates the
contrary. Words in one gender shall be deemed to
include the other gender.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -1
5.02.02 These Regulations shall be regarded as remedial and
shall be liberally construed so as to effect the
intention hereof to protect and preserve the public
ways of the County for all uses thereof, and for the
protection of the people of the County and of all
persons using or relying upon the public ways of the
County.
5.03 AUTHORITY
5.03.01 Authority for the administration and enforcement of
these Regulations is derived from Sections 30 -11 -101,
30 -11 -1071 29 -20 -101, et .sseq., 30 -28 -101, et�se .,
38 -5 -101, et�se ., 42 -4 101 through 42 -4 -514,
42- 4- 1207, 43 -2 -111, 43 -2 -147, 43 -5 -301, 43 -5 -307 and
32-1 -1006, respectively, C.R.S. Should further
authorizing legislation exist or be enacted, these
Regulations are additionally deemed to be enacted
pursuant thereto, except to the extent it may be
inconsistent therewith.
5.04 DEFINITIONS
5.04.01 Applicant
Applicant shall mean and include any person, as herein
defined below, who makes application for a permit to
construct within the public way of Eagle County. The
applicant shall be the party who proposes to perform
the construction, provide insurance and collateral, and
be responsible for correction period obligations.
5.04.02 Board
Board shall mean the Board of County Commissioners of
the County of Eagle, State of Colorado.
5.04.03 Construction Season
April 15 through November 15 of each calendar year,
except as extended by the Engineer or as specifically
provided to the contrary in these Regulations.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -2
5.04.04 Construction Within the Public Way
Construction Within the Public Way shall mean to
construct, re- construct, build, re- build, make, re -make
or alter any opening, excavation, tunnel, utility,
pipeline, cable, sidewalk, curb, gutter, driveway or
street, or to perform other work of any kind within the
public way which will result in the physical alteration
thereof.
5.04.05 County
County shall mean the County of Eagle, State of
Colorado.
5.04.06 Engineer
Engineer shall mean the County Engineer, or his
authorized representative, of the County of Eagle.
5.04.07 Emergency
Emergency shall mean any unforeseen circumstance or
occurrence, requiring immediate or prompt action to
alleviate danger to persons or property, i.e., to
maintain the integrity of existing utility services.
5.04.08 Engineering and Construction Standards, Specifications
and Details.
Engineering and Construction Standards, Specifications
and Details shall mean such Engineering and
Construction Standards, Specifications and Details as
set forth in Section 5.36 et. seq., of these
Regulations.
5.04.09 Improved Roadway
Improved roadway shall mean all roadways within the
County above the quality of untreated gravel. For the
purposes of this definition an untreated gravel roadway
is that roadway which has not received hard surfacing,
chemical stabilizers, or geotechnical fabric.
5.04.10 Longitudinal Installations
Longitudinal installations shall mean those
installations which are more or less parallel to the
public way centerline and running with the public way.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -3
r
5.04.11 One Location
One location shall mean one contiguous longitudional
excavation or construction project associated with one
owner. In the case of transverse installations, the
installations or construction associated with one lot,
one property or one contiguous group of lots or
properties under one ownership is considered to be one
location.
5.04.12 Permit
Permit shall mean a permit to construct within the
public way of Eagle County.
5.04.13 Permittee
Permittee shall mean and include any person who is
issued a permit to construct within the public way of
Eagle County.
The permittee shall jointly be the applicant, the owner
of the proposed facility, and the eventual
operator /maintainer of the proposed facility in the
event another party will operate and maintain the
facility upon completion. The applicant shall assume
those obligations associated with the construction;
including the collateral, insurance and correction
period obligations. The owner or, upon transfer,
operator /maintainer of the proposed facility shall
assume those obligations associated with the ownership,
operation and maintenance of the facility. All parties
may be required to sign the permit, as determined by
the Engineer.
5.04.14 Person
Person shall mean any person, partnership, firm,
association, public utility company, corporation,
company, special district or organization of any kind.
5.04.15 Public Utility Company
Public Utility Company shall have the same definition
as Section 40 -1 -103, C.R.S..
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -4
5.04.16
5.04.17
5.04.18
5.04.19
MUTCD
MUTCD shall mean Part VI of the latest version of the
Manual on Uniform Traffic Control Devices for Streets
and Highways," with official revisions, published by
the Federal Highway Administration, and the latest
version of the Colorado Supplement to said Manual as
prepared by the State Department of Highways.
Public Way
Public Way shall mean and include all public drainage
easements, rights -of -way, and roads under the control
and jurisdiction of the County of Eagle, State of
Colorado. A public way within the scope and intent of
these Regulations shall include, by way of example
only, drainage easements, rights -of -way, and roads over
private lands dedicated to public uses by deed,
subdivision plat or other legal document to that
effect, filed with the Eagle County Clerk and Recorder,
when such dedication has been accepted by the Board;
drainage easements, rights -of -way and roads over
private or other lands dedicated to public uses by due
process of law and not heretofore vacated by an order
of the Board duly entered of record in the proceedings
of the Board; drainage easements, rights -of -way and
roads over private lands that have been used adversely
without interruption or objection on the part of the
owners of such lands for twenty consecutive years, and
of which the Board has overtly exerted some degree of
ownership control thereon; and drainage easements,
rights -of -way, and roads over the public domain,
whether agricultural or mineral, of which the Board by
and through its overt actions has assumed the
responsiblity and obligation for maintenance and
control thereof.
Regulations
Regulations shall mean the Regulations
Within the Public Way of Eagle County
Chapter 5 of the Eagle County Land Use
Special Conditions
for Construction
as set forth in
Regulations.
Special Conditions are conditions placed on the permit
by the Engineer to tailor the permit to the special
circumstances of the proposed construction. Special
Conditions may waive, change, or add to the
Regulations.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -5
5.04.20 Special Districts
Special Districts shall mean any service authority,
school district, local improvement district, water,
sanitation, fire protection, metropolitan, irrigation
or drainage district, or any other kind of municipal,
quasi- municipal, or public corporation organized
pursuant to law, including, by way of example only, the
Special District Act, Section 32 -1 -101, et. seq.,
C.R.S.
5.04.21 Transverse Installations
Transverse installations shall mean those installations
which cross the public way more or less
perpendicularly.
5.04.22 Unimproved Roadway
Unimproved Roadway shall mean all roadways within the
County at or below the quality of untreated gravel.
Note:
When an unimproved roadway is scheduled to be improved
within two (2) years of the time of application, it may
be subject to the engineering and construction
standards, specifications and details of an improved
roadway, as set forth in Part II of these Regulations.
5.04.23 Work Site Improvements
Work Site Improvements shall mean, but not be limited
to, fences; road, parking, drainage, pedestrian and
utility appurtenances; recreational facilities; yard
accessories and vegetative cover existing on or
adjacent the work site prior to the start of
construction.
5.04.24 Work Site Restoration
Work Site Restoration shall mean the restoring of all
areas on or adjacent the work site disturbed during
construction to at least the same or equal condition
that existed before said construction commenced, and
shall include, but not necessarily be limited to,
special backfill material, backfilling, clean -up,
re- paving, overlaying, repairs, reseeding, and other
work necessary to place the site in a condition
acceptable to the Engineer.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -6
5.05 UNLAWFUL TO CONSTRUCT IN OR ON ANY PUBLIC WAY WITHOUT
PERMIT; COMPLIANCE; PERMIT REQUIREMENT EXEMPTIONS;
ANNUAL PERMITS
5.05.01 It shall be unlawful for any person to construct in the
public way unless such person shall first have obtained
a permit for the performance of such construction, and
unless such construction shall be performed in
conformity with the terms and provisions of these
Regulations, of the permit or permits issued hereunder,
and of any special conditions issued incident thereto,
except as hereinafter specifically provided.
5.05.02 Driveways to new buildings for which a Building Permit
is obtained do not require a permit under these
Regulations, provided that detailed driveway plans have
been submitted and specific approval given to the
proposed driveway or driveways under the Building
Permit approval process.
5.05.03 Construction of subdivision streets, appurtenances and
utilities within the public way may require a permit
under these Regulations. Construction for which
detailed construction plans and construction
specifications have been submitted, reviewed and
approved as a part of the subdivision review process
under Chapter 2 of the County's Land Use Regulations
shall not require a permit, providing the construction
occurs within seven (7) years of said approval.
Construction for which detailed construction plans and
construction specifications have not been submitted,
reviewed and approved as part of the subdivision review
process under Chapter 2 of the County's Land Use
Regulations shall require a permit. Utilities and
appurtenances determined to not require a permit are
nevertheless specifically subject to the Maintenance,
Relocation, Listing of Facilities in Public Ways and
Emergency Work sections of these Regulations.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -7
J
5.05.04 Construction within public drainage easements shall
require a permit under these Regulations. However,
landscape improvements which will not have a negative
impact on drainage ways within the above mentioned
easements are exempt from this requirement. In
general, it is the intent of this Regulation to
concentrate upon protecting the integrity of drainage
ways through platted subdivisions.
5.05.05 Construction involving service installations and their
maintenance may be able to be done under an Annual
Permit issued to those persons operating and
maintaining utilities within the public way.
This Annual Permit would cover those service
installations which would be located beyond the
shoulder point, or where the ditch exists, beyond the
ditch, would not require a depth of excavation
exceeding forty -eight (48) inches, nor would involve a
longitudinal run in the public way adjacent roadways
exceeding fifty (50) lineal feet in each instance. The
Annual Permit would cover all installations in lot line
drainage easements. Additionally, repairs to existing
utilities and their appurtenances that have been
damaged during construction by others, may be done
under the Annual Permit when the repair is done at the
time the damage occured. The Annual Permit shall be
valid for the term of one construction season only, and
may be renewed annually.
All work done under the Annual Permit is subject to the
provisions of these Regulations, except:
A. The site plan, according to Section 5.06.02 of
these Regulations, is not required.
B. Notification to the Engineer, according to Section
5.36.01 of these Regulations, is not required
unless a portion of the work will extend into the
public way beyond the limits mentioned above.
5.06 APPLICATIONS FOR PERMITS
5.06.01 Each and every person desiring to perform construction
of any kind, in a public way within the County, except
as provided elsewhere to the contrary in these
Regulations, shall make application for a permit to
construct within the public way. Such application
shall be filed with the Engineer on forms to be
furnished by Engineer.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -8
5.06.02 A SITE PLAN of the proposed work site, drawn on the
form provided, or by separate mapping, shall be
included with and attached to each application. The
SITE PLAN shall delineate the following types of
information:
A. The dimensions of the proposed installation
(size of the facility being installed; width,
depth and length of excavation required).
Indicate by dimension the relationship of the
proposed installation to the edge of roadway,
drainage way, R.O.W. and /or fence line.
B. Show the necessary barricades, lights,
control devices, signs and warning devices
(including flagmen when required), and their
placement at the work site to indicate that
CONSTRUCTION ZONE TRAFFIC CONTROL will
conform to the guidelines of the MUTCD.
5.06.03 When necessary, in the judgement of the Engineer, to
fully determine the relationship of work proposed to
existing or proposed facilities in the public ways, or
to fully determine whether the work proposed complies
with the Engineering and Construction Standards,
Specifications and Details, the Engineer may require
the filing of engineering plans, specifications and
sketches showing the proposed work in sufficient detail
to allow determination of such relationship or
compliance, or both. These plans or sketches shall be
in addition to the SITE PLAN mentioned immediately
above.
5.07 COORDINATION WITH EXISTING UTILITIES
5.07.01 In accordance with Section 9 -1.5 -101 et. seq., C.R.S.
when the work to be undertaken by the applicant may
affect existing utility installations and /or
facilities, either above or below grade, in the
vicinity of the proposed work, the applicant shall
contact the operator /maintainer of such installations
and /or facilities, and request "locations" prior to
commencement of any excavation.
ADOPTED 6/18/84
_- EFFECTIVE 7/15/84 5 -9
1
5.08 PERMIT FEES
5.08.01 A permit fee shall be required, at the time of permit
issuance, for each permit to construct at one location
within the public way, in accordance with the following
schedule.
A. WITHIN THE ROADWAY PRISM * OF AN IMPROVED ROADWAY
Transverse Installations, $150.00 Base
Longitudinal Installations of Fee.
fifty (50) lineal feet or less,
and All Installations by Plowing:
Each Additional Transverse Add $50.00 to
Installation at one location: the above Base
(Applies to water and sewer only) Fee.
Longitudinal Installations $150.00 Base
in excess of fifty (50) lineal feet: Fee.
When the depth of excavation Add $0.06 per
is four (4) feet or less: lineal foot of
excavation in
excess of fifty
(50) feet
When the depth of excavation Add $0.09 per
is in excess of four (4) feet: lineal foot of
excavation in
excess of fifty
(50) feet.
NOTE:
It is recognized that some longitudinal installations
will include transverse installations as a part of the
proposed construction. The permit fee in this case
shall be calculated by adding the lineal feet involved
in the total of the transverse installations to the
lineal feet of the longitudinal installations, times
the appropriate "per foot" charge, in lieu of the
transverse installation base fee above.
Refer to the Standard Details in these Regulations for
an illustration of the roadway prism.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -10
5.08.01 continued
B. OUTSIDE THE ROADWAY PRISM OF AN IMPROVED ROADWAY
AND ALL WORK WITHIN UNIMPROVED ROADWAYS:
The permit fee for the categories listed in
5.08.01 A. above shall be reduced by one -half
(1/2) when the proposed construction is outside
the roadway prism of an improved roadway or
anywhere within the public way of an unimproved
roadway. Proposed construction which lies both
within and outside the roadway prism at various
locations in the project involving improved
roadways shall have the permit fee prorated
accordingly.
C. ANNUAL PERMITS
A fee of $100.00 shall be required for each Annual
Permit issued.
D. PERMIT FEE EXEMPTI0NS
Permit fees shall be waived when the proposed
construction falls within any of the following
categories:
1. All activity within drainage easements not
included under the category of an Annual
Permit.
2. All jacking or jacking and boring
construction.
3. Utility pole placement within the public way.
E. ROADWAY CONSTRUCTION:
$250.00 Base
Fee.
Sub - grade:
Add $0.15 per
lineal foot of
sub -grade
construction.
Aggregate Base Course:
Add $0.10 per
lineal foot of
ABC const.
Paving:
Add $0.05 per
lineal foot of
paving const.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -11
-ti
5.08.02 Permit fees shall be placed in the General Fund of the
County and may be used to offset the cost of
administration, random inspection and spot checking of
the work performed in the public way. Permit fees may
be partially refundable after permit issuance when the
proposed construction is cancelled or substantially
shortened within the public way, otherwise they are
non - refundable.
When administration and inspection costs exceed the fee
paid by the applicant, due to re- inspection of areas
that have failed, the applicant may be billed for these
additional costs. When billed, failing indemnification
by the applicant, the County may withdraw the
additional cost amount from the collateral provided by
the applicant.
5.09 COLLATERAL FOR FAITHFUL PERFORMANCE
5.09.01 Each and every applicant for a permit to construct
within the public way, except as hereinafter exempted,
shall be required hereunder to provide the County, at
the time of permit issuance, with collateral as
security for the faithful performance of all provisions
of these Regulations and of the permit. Said
collateral shall be a cash deposit, irrevocable letter
of credit or certificate of deposit issued by a bank
within the State of Colorado, or under the conditions
defined elsewhere in this section, may be a surety bond
or corporate bond binding the surety or corporation
with and for the applicant and the County. Facilities
already collateralized by a Subdivision Improvements
Aggreement under Chapter 2 of the County's Land Use
Regulations are exempt from these collateral
requirements. Work in public drainage easements shall
be excluded from the collateral requirements of this
Section 5.09.
5.09.02 The amount of the collateral shall be as specified
below:
A. When the work to be done by the applicant will be
confined to that portion of the public way which
is exclusive of the roadway prism the base amount
of the collateral shall be one hundred (100)
dollars, provided, however, that whenever the work
to be done will affect in excess of fifty (50)
lineal feet of the public way the amount of one
(1) dollar per lineal foot of the excess will be
added to the above mentioned base amount.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -12
5.09.02 continued
B. When the work to be done by the applicant will
affect that portion of the public way including
the roadway prism, the base amount of the
collateral shall be two hundred fifty (250)
dollars when the driving surface within the
affected roadway prism is graveled and two
thousand (2000) dollars when the driving surface
within the effected roadway prism is paved,
provided, however, that whenever the work to be
done will affect in excess of twenty -five (25)
lineal feet of driving surface as measured in any
direction horizontally the amount of five (5)
dollars per lineal foot of the excess will be
added to the base amount for graveled driving
surfaces and fifty (50) dollars per lineal foot of
the excess will be added to the base amount for
paved driving surfaces.
5.09.03 For any calendar year the first two - thousand (2,000)
dollars of collateral required by these Regulations
must be in the form of a cash deposit, irrevocable
letter of credit or certificate of deposit issued by a
bank within the State of Colorado. Any additional
collateral for one permit, or the cumulative
requirements of multiple permits may be in the form of
a surety bond, binding the surety with and for the
applicant to the County, for the faithful performance
of all provisions of these Regulations and the
conditions of the permit, specifically including the
two season correction period. It is a specific
condition of this paragraph that the cash collateral
may be applied, in accordance with the collateral
conditions of these Regulations, to any and all of the
applicant's permits for the construction season.
5.09.04 Public Utility Companies may submit for collateral
requirements a yearly corporate bond without sureties.
Private Utility Companies may submit for collateral
requirements a yearly corporate bond without sureties,
subject to approval by the Board, based upon that
private utility company's financial strength.
5.09.05 The term of the collateral shall run coincident with
the term of the applicant's permit, as indicated on the
face of the permit by the Construction Schedule, and in
addition, shall be in force for the full term of the
two season correction period.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -13
5.09.06 It shall be the sole responsibility of the
applicant /permittee to periodically update and ensure
that the aforementioned collateral remains in force and
effect, and inures to the benefit of the County.
5.10 PAYMENT OF PERMIT FEES AND COLLATERAL
5.10.01 The permit fee and collateral shall be submitted
separately. The method of payment for permit fees
shall be cash. The method of payment for collateral
shall be cash, irrevocable letters of credit or
certificates of deposit. Collateral submitted as a
cash deposit shall be held by the Office of the County
Treasurer, and shall be non - interest bearing.
Irrevocable letters of credit and certificates of
deposit shall be held by the office of the County
Treasurer.
5.11 INSURANCE
5.11.01 As a condition of a permit under these Regulations,
each and every applicant shall purchase, and upon
permit issuance, each and every applicant shall
maintain in full force and effect for the duration of
the permit, such insurance as will protect the
applicant and the County, its officers, employees and
servants from claims set forth below which may arise
out of or result from the applicant's operations,
whether such operations be by himself or by any
subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts
any of them may be liable:
A. Claims under worker's or workmen's compensation,
disability benefit and other similar employees
benefit acts;
B. Claims for damages because of bodily injury,
occupational sickness or disease, or death of the
applicant's employees;
ADOPTED 6/18/34
EFFECTIVE 7/15/84 5 -14
5.11.01 continued
C. Claims for damages because of bodily injury,
sickness or disease, or death of any person other
than applicant's employees;
D. Claims for damages insured by usual personal
injury liability coverage which are sustained (1)
by any person as a result of an offense directly
or indirectly related to the employment of such
person by the applicant, or (2) by any other
person;
E. Claims for damages, other than the permitted work
itself, because of injury to or destruction of
tangible property, including loss of use resulting
therefrom;
F. Claims for damages because of bodily injury or
death of any person or property damage arising out
of the ownership, maintenance or use of any motor
vehicle.
G. Claims for damages associated with explosive,
collapse and other underground hazards;
H. Claims for damages arising from completed
operations.
5.11.02 The general liability insurance required under the
Section 5.11.01 shall be written for not less than (1)
the sum of one hundred fifty thousand dollars
($150,000.00) for any injury to one person in any
single occurence and (2) the sum of four hundred
thousand dollars ($400,000.00) for an injury to two or
more persons in any single occurence. All other
insurance required hereunder shall be written for not
less than the maximum amounts required by law. The
County Attorney may, in his sole discretion, require
increased insurance coverage for specific permits.
5.11.03 Certificates of Insurance acceptable to the County
Attorney shall be filed with the County Engineer prior
to issuance of any permit under these Regulations. At a
minimum, such Certificates shall name the County as an
additional insured, and shall contain a provision that
coverages afforded under the policies will not be
canceled until at least thirty days prior written
notice has been given to the County.
ADOPTED 6/18/84
- EFFECTIVE 7/15/84 5 -15
5.11.04 A Public Utility Company may be relieved of the
obligation of submitting certificates of insurance if
it shall submit satisfactory evidence in advance that
it is insured, or has adequate assets and provisions
for self- insurance. A letter signed by the President
of the Company will meet this requirement. A Public
Utility Company may submit annually evidence of
insurance coverage in lieu of individual submissions
for each permit.
5.12 APPROVAL OR DISAPPROVAL OF APPLICATION -
COMMENCEMENT OF WORK
5.12.01 Within five (5) workin� days of the date of filing of
any application and it s attachments, the Engineer
shall review same for conformance with the provisions
of these Regulations and shall suspend, approve or
disapprove the application and it's attachments.
5.12.02 If the application is suspended or disapproved, the
Engineer shall state in writing to the applicant the
reason for the suspension or disapproval.
5.12.03 If the application is approved, the Engineer shall sign
and date the application in the designated place. The
Engineer shall immediately thereafter prepare the
permit, along with any necessary special conditions
thereto in accordance with these Regulations, for the
applicant's signature. When the permit has been signed
by the applicant and any other parties as outlined
below, the Engineer shall sign and date the permit in
the designated place, such signature by the Engineer
constituting permit issuance.
The Engineer may require that the permit be signed by
the facility owner and eventual operator /maintainer in
addition to the party constructing the facility in
order to effect the long term ownership, operation and
maintenance requirements of these Regulations. Any
person representing himself as an authorized agent
shall furnish concurrently with their signature a
notorized affidavit or power of attorney, satisfactory
in form and substance to the County Attorney,
evidencing that said person has been duly delegated the
legal authority and power to sign and bind the party he
represents to all requirements of these Regulations and
any special permit conditions.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -16
11
5.12.04 No work shall be commenced until the Engineer has
approved the application and until a permit to
construct within the public way has been issued for
such work, except as specifically provided to the
contrary in these Regulations.
5.12.05 The applicant will cause the work to be performed at no
expense whatsoever to the County.
5.12.06 In suspending, approving or disapproving applications
for work in the public way, or permits therefore; in
checking plans, specifications and sketches; in the
inspection of work in the public way; and generally in
the exercise of the authority conferred upon him by
these Regulations, the Engineer shall only act in such
a manner as to preserve and protect the integrity of
the public way and the use thereof. The Engineer shall
have no authority to govern the actions or inactions of
applicants and permittees or other persons which have
no relationship to the use, preservation or protection
of the public way.
5.13 COMPLIANCE WITH ENGINEERING AND CONSTRUCTION STANDARDS,
SPECIFICATIONS AND DETAILS
5.13.01 All work performed in the public way shall conform to
the requirements of the Engineering and Construction
Standards, Specifications and Details of the County as
set forth in Section 5.36 et seq. of these Regulations.
5.14 PERMIT DURATION AND LIMITS
5.14.01 Each application for a permit to construct within the
public way shall state the proposed initial
construction commencement date and estimated initial
construction completion date, except in the case of
Annual Permits. If the application is approved, the
permit shall be valid for the time period specified as
the construction schedule on the permit form. If the
work is not completed during such period, the applicant
shall apply to the Engineer for an extension. The
extension may be granted by the Engineer if the terms
and provisions of these Regulations, of the original
permit(s), and of any special conditions issued
incident thereto are being satisfied as determined by
the Engineer.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -17
5.14.01 continued
An extension may be denied by the Engineer if the
Engineer finds that work under the original permit(s),
or as extended, has not been satisfactorily performed
in accordance with the terms and provisions of these
Regulations, of the permit(s), or any special
conditions issued incident thereto.
5.14.02 Except in the case of emergencies, permits to construct
within the public way shall only be issued and /or valid
during the period commencing April 15 and terminating
November 15 of each respective year. If weather
conditions warrant, such period may be extended by the
Engineer on a case by case basis. Factors to be used
by the Engineer shall include the geographical location
of the construction, frost penetration, snow cover,
roadway conditions as affected by the weather, the
urgency of the constriction and the safety of the
public way user.
5.15 ADDITIONAL PERMITS
5.15.01 Issuance of a permit to construct within the public way
by the County, pursuant to these Regulations, shall in
no way be interpreted as relieving the applicant from
the requirement of obtaining any and all necessary
permits from other governing agencies including, but
not necessarily limited to:
A. Army Corps of Engineers
B. Bureau of Land Management
C. Colorado State Department of Highways
D. Colorado Water Quality Control Commission
E. Industrial Commission of Colorado
F. Any incorporated town within the County
G. U.S. Forest Service
H. Public Utilities Commission
5.16 PERMIT AT THE JOB SITE; FIELD CHANGES AND REVISIONS
5.16.01 The applicant's copy of the permit shall be kept on the
work site at all times work authorized under said
permit is in progress.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -18
5.16.02 When necessary, revisions in the work under the permit
to meet unanticipated site conditions which have no
impact on drainage ways or the roadway prism may be
proceeded with by the applicant and /or permittee
without notice to -the Engineer. Before revisions in
the work, to meet unanticipated site conditions, that
may impact drainage ways or the roadway prism are
commenced, the applicant and /or permittee shall notify
the Engineer for the purpose of scheduling an on -site
review of the revisions and the Engineers authorization
of same.
5.17 ASSIGNMENT OF PERMITS
5.17.01 Permits to construct within the public way shall not be
transferable or assignable, and work shall not be
performed under a permit to construct within the public
way in any place other than that specified on the
permit.
5.18 PROTECTION OF THE PUBLIC WAY USER
5.18.01 The applicant shall provide, erect, and maintain all
necessary barricades, lights, control devices, signs
and warning devices (including flagmen when required),
and shall take all necessary precautions for the
protection and safety of the public. Roads partially
or fully closed to traffic, vehicular or pedestrian,
shall be protected by effective barricades.
Obstructions shall be illuminated during hours of
darkness. Suitable warning signs shall be provided and
maintained to properly control and direct traffic.
The applicant shall erect and maintain warning signs in
advance of any place where operations may interfere
with the use of the road by traffic. Warning signs
shall be placed and maintained at all intermediate
points where the work crosses or coincides with an
existing road.
All barricades, lights, control devices, signs and
warning devices, and their placement, shall conform to
the guidelines of the MUTCD.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -19
5.19 NOTICES TO OWNERS AND TENANTS ABUTTING AND ADJOINING
5.19.01 If the work to be undertaken by the applicant will
affect the access-of properties abutting, adjoining or
in the immediate vicinity of the project, the applicant
shall contact the affected property owners and /or
tenants and inform them of the proposed work to be
done, in an effort to mitigate any negative impacts to
said property owners and /or tenants.
5.20 EXCAVATION WITHIN PAVED PUBLIC ROADWAYS
5.20.01 Permits to construct within the public way which would
involve excavation within any paved public roadway
shall be issued with the provision that said excavation
SHALL ONLY BE AUTHORIZED when the following conditions
have been met:
A. Alternate routes for the utility or proposed
installation which would minimize or negate the
necessity to excavate within the affected ap ved
public roadway are not feasible. Said alternate
routes may include, but not be limited to, ,a shift
in horizontal alignment of the proposed
installation, "double frontage" of the utility
main in the case of service connections, making
use of nearby easements which would allow an
alternate route, etc. and /or:
B. There are no useable conduits in place crossing
under the affected paved public roadway in an
accessible location to the proposed work site
and /or:
C. In the case of transverse installations, alternate
methods of construction, namely jacking or jacking
and boring, are not feasible. Said alternate
methods shall generally be considered feasible,
except as herein provided, unless and until it has
been demonstrated by the applicant that subsurface
conditions prevent the possibility of jacking or
jacking and boring. This demonstration shall
include, but not be limited to, no fewer than
three (3) attempts at jacking or jacking and
boring, at least one of which has been witnessed
by the Engineer, that result in failure in each
instance.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -20
ry.
5.20.01 C. continued
Instances in which jacking or jacking and boring
shall be considered unfeasible AT THE TIME OF
APPLICATION shall include, but not be limited to,
1.) repair of a utility main which lies directly
under the pavement, 2.) service connections to
the utility main which lies directly under the
pavement that cannot make use of an access hole
and jacking or boring, 3.) installations where
lire and grade is absolutely essential to the
function of the proposed facility 4.) instances
when the depth of the facility being installed
would be in excess of four (4) feet, 5.) or
installations in areas of known geologic
difficulty, i.e., rocks and boulders. Situations
not mentioned above shall be considered on a case
by case basis.
The Engineer may waive th
or boring, at the time of
condition of the affected
such that it is scheduled
resurfaced within two (2)
application.
Note:
E! requirement of jacking
application, when the
paved public roadway is
to be reconstructed or
years of the time of
In the event that jacking and boring is not
successful, prior to authorization by the Engineer
for excavation within the paved public roadway,
the site plan may need to be revised showing the
necessary additional CONSTRUCTION ZONE TRAFFIC
CONTROL, conforming to the guidelines of the
MUTCD.
D. When excavation within a Raved public roadway is
authorized it shall be note —in the special
conditions on the face of the permit.
5.20.02 Except in the case of Emergency Work (see Section 5.26
of these Regulations) whenever excavation within any
paved public roadway occurs without the express written
authorization of the Engineer, said excavation shall be
considered a violation of the provisions of these
Regulations and shall render the applicant subject to
such proceedings as provided in Section 5.30 of these
Regulations, and in addition may be cause for refusal
by the Engineer to issue future permits to construct
within the public way to the applicant and /or permittee
unless said applicant and /or permittee shall have first
sought and obtained a hearing before the Board of
County Commissioners, and has obtained their approval
for issuance of said permits.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -21
5.21 INSPECTION
5.21.01 Inspections will generally be performed on a soot check
basis for general conformance with the terms and
provisions of these Regulations, and any special
conditions of the permit(s) issued pursuant to these
Regulations.
5.21.02 The criteria to which construction within the public
way will be inspected is set forth in the Engineering
and Construction Standards, Specifications and Details
found in Section 5.36 et.seg. of these Regulations.
Any other inspection requirements will be noted on the
permit(s) issued pursuant to these Regulations.
5.22 CORRECTION NOTICES AND STOP WORK ORDERS;
SUSPENSION AND REVOCATION OF PERMITS
5.22.01 Any permit to construct within the public way may be
suspended by the issuance of a correction notice, or
revoked by the issuance of a stop work order to the
applicant by the Engineer for violation of any
provision of these Regulations, of any condition of the
permit, or of any other laws relating to the work.
5.22.02 A correction notice or stop work order by the Engineer
shall take effect immediately upon the presentation of
such notice to the person performing the work in the
public way. If no persons are present at the job site
where the violation has occurred, the correction notice
or stop work order will be posted in a conspicuous
place, such posting constituting the aforesaid notice.
Notices given after conditional approval, as defined in
Section 5.24 of these Regulations, shall be considered
as given when mailed certified, return receipt
requested, to the address of the applicant as shown on
the permit application, or as changed by written notice
from the applicant to the Engineer.
5.22.03 Immediately upon receipt of the correction notice, the
applicant shall begin such work as is necessary to
remedy the condition which led to the issuance of the
correction notice.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -22
5.22.04 A stop work order may be issued by the Engineer
directed to any person or persons doing or causing any
work to be done in the public way without a permit to
construct in the public way, or in violation of any
provision or provisions of these Regulations and /or the
permit issued pursuant thereto.
5.22.05 Failure to comply with a correction notice or stop work
order may cause the Engineer to utilize the collateral
posted for faithful performance to have the correction
performed and /or the work site restored by others.
When the collateral posted is insufficient to cover all
costs the applicant shall be billed for the additional
costs and, failing indemnification, action may be
commenced by the County Attorney against the applicant,
and surety in the event a surety bond was posted to
guarantee faithful performance, to recover said
additional costs, plus attorney and court costs.
Additionally, failure to comply with a correction
notice or stop work order, or failure to indemnify the
County for additional cost incurred by the County as
mentioned above, may be cause for refusal by the
Engineer to issue future permits to construct within
the public way to the applicant and /or permittee, in
addition to other enforcement remedies provided in
Section 5.30 of these Regulations, unless the applicant
and /or permittee has first sought and obtained a
hearing before the Board of County Commissioners and
has obtained their approval for issuance of said
permits.
5.22.06 Neither the Engineer's authority to act under this
section, nor any decision made by him in good faith,
either to exercise or not exercise such authority shall
give rise to any duty, liability or responsibility on
the part of the Engineer to exercise this authority for
the benefit of the applicant, permittee or any other
party.
5.23 CORRECTION PERIOD
5.23.01 If any work is found to be defective after the date of
conditional approval and prior to the expiration of two
permit seasons (April 15 to November 15) beyond the
permit season during which the permit is conditionally
approved in accordance with Section 5.24.01 below, or
such longer period of time as may be prescribed by law
or by these Regulations, the applicant shall promptly,
and in accordance with the Engineer's written
instructions, either correct such defective work or,
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -23
T
5.23.01 continued
if it has been rejected by the Engineer, remove it from
the work site and replace it with nondefective work.
The Engineer's written instructions shall be in the
form of a correction notice and shall state the
correction measures to be taken and the period of time
deemed by the Engineer to be reasonably necessary for
the completion of the correction measures.
5.24 CONDITIONAL APPROVAL
5.24.01 Upon satisfactory completion of the work pursuant to
the provisions of these Regulations and any special
conditions of the permit, as determined by the
Engineer, said Engineer shall sign the permit and
copies thereof indicating "Conditional Approval ". It
shall be the duty of the applicant to notify the
Engineer, at least twenty -four (24) hours in advance,
when the applicant considers the work site ready for
conditional approval. If the Engineer shall find that
the work site is not ready for conditional approval,
after being notified by the applicant as stated above,
the Engineer shall state in writing, in the form of a
correction notice, such work that needs to be completed
prior to the conditional approval. A re- inspection of
the work site for conditional approval shall be
arranged at that time.
5.24.02 Upon conditional approval, the correction period, as
specified in Section 5.23 of these Regulations, shall
commence to run. Upon the expiration of such
correction period, and the satisfactory performance and
seasoning of the work, as determined by the Engineer,
during such correction period, said Engineer shall
cause any collateral held by the County to be released
to the applicant.
5.24.03 Satisfactory performance and seasoning of the work at
the end of the correction period shall include the
following:
A. Restored gravel driving surfaces:
1. The variation between any two contacts
with the surface shall not exceed one
inch in ten feet, using a ten foot
straightedge.
2. Trench settlement shall not exceed one
inch.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -24
5.24.03 continued
B. Restored paved driving surfaces:
I. The variation between any two contacts
with the surface shall not exceed
one -half inch in ten feet, using a ten
foot straightedge.
2. Trench settlement shall not exceed
one -half inch.
C. There are no depressions or settlements
associated with permitted work within the
public way which would lead to the ponding or
collection of surface water.
D. No cracks are found in the restored
bituminous pavement, exclusive of joints with
original pavements.
E. Re- vegetation, when required at the time of
initial construction, is established.
F. All necessary clean -up has been accomplished.
G. All repairs to work -site improvements have
been accomplished, and are acceptable to the
improvements owner.
H. In general, the work -site is in at least as
good a condition than existed prior to the
start of construction.
5.24.04 Collateral shall be considered released when mailed
certified, return receipt requested, to the address of
the applicant shown on the permit application, or as
changed by written notice from the applicant to the
Engineer. Collateral returned to the County as not
deliverable shall be retained by the County for a
period of one (1) year. At the end of the above
mentioned one year, if no claim has been made by the
applicant, said collateral shall be transferred to the
General Fund of the County and shall be considered
forfeited by the applicant.
5.25 CORRECTIVE WORK AND MAINTENANCE
5.25.01 The applicant and /or permittee shall maintain the
facility that is installed at all times and agrees tc
hold the County, the agencies thereof, and their
officers and employees harmless from any and all loss
and damage which may arise out of, or be connected
with, the installation, maintenance, repair,
alteration, or removal of the installation or the
facilities constructed under a permit issued in
accordance with these Regulations.
ADOPTED 6/18/84 .
EFFECTIVE 7/15/84 5 -25
5.25.02 The applicant shall maintain the restoration of the
work site throughout the full correction period.
Restoration maintenance would include such things as
necessary re- seeding, repair of any erosion mitigation
measures due to lack of seasoning, and sealing of
pavement patch joints after one winter of seasoning.
5.25.03 Whenever maintenance o erations on the installed
facility, not perm er an Annual Permit, require
re- excavation, the applicant and /or permittee shall
obtain a new permit. Re- excavation during the
correction period for restoration correction purposes
shall be excluded from this requirement, however, the
applicant and /or permittee shall be responsible for
giving notice to the Engineer and submitting evidence
of insurance as required by Section 11 of these
Regulations prior to commencing the
re- excavation.
5.25.04 The person performing the above - mentioned maintenance,
repair, alteration or removal operations is required to
post and maintain necessary CONSTRUCTIONd ZONE TRAFFIC
CONTROL in accordance with the MUTCD, while performing
said maintenance, repair, alteration or removal
operations within the public way.
5.26 EMERGENCY WORK
5.26.01 Any person maintaining utilities or facilities in the
public way may proceed with work upon existing
facilities without a permit to construct within the
public way when emergency circumstances demand the work
be done immediately, provided a permit to construct
within the public way could not reasonably and
practicably have been obtained beforehand.
5.26.02 Any person commencing emergency work in the public way
without a permit shall immediately thereafter apply for
a permit on the first regular business day which County
offices are open. A permit to construct within the
public way shall be issued, pursuant to the provisions
and conditions of these Regulations, and shall be
retroactive to the date when the work was begun.
5.26.03 Nothing in this section shall be so construed or
interpreted as to relieve the person performing the
above - mentioned emergency work of his responsibility to
post and maintain necessary CONSTRUCTION ZONE TRAFFIC
CONTROL in accordance with the MUTCD while performing
said emergency work.
- ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -26
5.26.04 Whenever seasonal circumstances prevent adherence to
the Engineering and Construction Standards,
Specifications and Details as set forth in Part II of
these Regulations, the person performing the emergency
work shall be required to perform the necessary work
for conformance with above- mentioned standards as soon
as seasonal circumstances allow.
5.27 RELOCATION
5.27.01 In the event that a public way within the County is
widened and /or otherwise altered in the future which
will require the removal and /or relocation of
facilities and /or their appurtenances caused to be
installed in that public way by a permittee pursuant to
the provisions of these Regulations, the permittee
shall cause to have removed and /or relocated, without
unnecessary delay, such facilities and /or their
appurtenances upon the receipt of advance written
notice from the Engineer. Such removal and /or
relocation shall be at the permittee's sole expense.
5.28 LISTING OF FACILITIES IN PUBLIC WAYS
5.28.01 Every operator /maintainer controlling or having an
interest in utilities, or other facilities, within any
public way shall, upon request by the Engineer, file
with the Engineer, within one hundred twenty (120) days
after the date of such request, a legible map or a
written statement identifying the public ways wherein
the aforementioned utilities or facilities owned by
such operator /maintainer are located, together with
their location therein, provided, however, that the
requirement to furnish such map or statement may be
excused in whole or in part if the operator /maintainer
to whom such request is made shall show to the Engineer
that all or part of the information requested is not
available to, or within the control of, the
operator /maintainer to whom such request is directed.
5.28.02 Following the submittal of the aforesaid map or written
statement, such operator /maintainer, upon further
request by the Engineer, shall update such map or
written statement by filing with the Engineer any
changes which have occurred in the previous respective
year.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -27
5.28.03 The requirements set forth in this Section 5.28 shall
be in addition to requirements prescribed in Sections
9 -1.5 -103 and 9 -1.5 -105, respectively, C.R.S.
5.29 APPEAL
5.29.01 Any person, applicant and /or permittee aggrieved by a
decision of the Engineer made pursuant to the
provisions of these Regulations may appeal such
decision to the Board of County Commissioners. Such
appeal shall be in writing and filed with the Board
within ten (10) days of the decision objected to. The
Board of County Commissioners shall hear such appeal,
if written request therefor be timely filed, as soon as
practicable and render their decision within thirty
(30) days from the date of such hearing. The decision
of the Board shall be deemed final action for purposes
of initiating court action.
5.30 ENFORCEMENT
5.30.01 No person shall erect any fence, house, or other
structure, or dig pits or holes in or upon any public
way, or place thereon or cause or allow to be placed
thereon any stones, timber, or trees or any obstruction
whatsoever without first complying with these
Regulations. No person shall tear down, burn, or
otherwise damage any bridge of any public way, or cause
waste water, or the water from any ditch, road, drain,
flume, agricultural crop sprinkler system, or other
source to flow or fall upon any public way so as to
damage the same or to cause a hazard to vehicular
traffic. Any person so offending is guilty of a
misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than ten dollars nor
more than three hundred dollars and shall also be
liable to any person or the County of Eagle in a civil
action for any damages resulting therefrom. Upon a
third conviction therefor, the offender shall be
punished by a fine of not less than ten dollars nor
more than three hundred dollars or by imprisonment in
the county jail for not more than three days and shall
also be liable to each person or the County of Eagle in
a civil action for any damages resulting therefrom.
Each day such condition is allowed to continue upon any
public way shall be deemed a separate offense.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -28
5.30.02 No person shall dam the waters of any stream so as to
cause the same to overflow any public way or damage or
weaken the abutments, walls, or embankments of any
bridge of any public way. Any person violating any of
the provisions of this section shall forfeit the sum of
fifty dollars to the County, and shall be liable to any
person or the County of Eagle in a civil action for any
damages resulting therefrom.
5.30.03 No person shall repeatedly, willfully or negligently
cause or allow water to flow, fall, or sprinkle from
any ditch, lateral, canal, waste ditch, reservoir,
pond, drain, flume, or agricultural crop sprinkler
system upon any public way so as to damage the same or
to cause a hazard to vehicular traffic. Any person so
offending is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not
less than ten dollars nor more than three hundred
dollars. Upon a third conviction therefor, the
offender shall be punished by a fine of not less than
ten dollars nor more than three hundred dollars or by
imprisonment in the County jail for more than three
days. Each day that water is allowed to flow upon any
public way shall be deemed a separate offence.
5.30.04 Any person owning or constructing any ditch, race,
drain, or flume in, upon, or across any public way
shall keep the public way open for safe and convenient
travel by constructing culverts, bridges, or similar
structures over such ditch, race, drain, or flume in
compliance with these Regulations. Any person who
fails to construct a culvert, bridge, or similar
structure across any ditch, race, or flume in
compliance with these Regulations shall, in addition to
other remedies, forfeit the sum of twenty -five dollars
to the County for each day of failure to construct such
bridge, culvert, or similar structure together with the
cost of construction thereof. Proceeds from such
penalties shall be paid into the Eagle County Road and
Bridge Fund. The Board may construct such culvert,
bridge, or similar structure if the owner of such
ditch, race, drain or flume fails to construct the same
in compliance with these Regulations.
5.30.05 If any person fails or refuses to comply with these
Regulations or purposely destroys or injures any public
way, sidewalk, bridge, culvert, or causeway, or removes
any of the timber or planks thereof, or obstructs the
same, he shall forfeit a sum of not less than one
hundred dollars nor more than three hundred dollars and
shall be liable for all damages occasioned thereby and
for all necessary costs for rebuilding or repairing the
same.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -29
3
✓� 3
5.30.05 continued
All forfeitures and sums of money recovered under this
section shall be turned into the Eagle County Road and
Bridge fund.
5.30.06 In addition to other remedies provided by law, the
Board by and through its County Attorney may institute
an injunction, mandamus, abatement or other appropriate
action or proceedings to prevent, enjoin, abate or
remove a public nuisance or to prevent, enjoin, or
abate any person from constructing in the public way
unless such person shall first have obtained a permit
for the performance of such construction, except as
specifically provided to the contrary in these
Regulations, and unless such construction shall be
performed in conformity with the terms and provisions
of these Regulations, of the permit or permits issued
hereunder, or of any special conditions issued incident
thereto.
5.30.07 The foregoing remedies and enforcement provisions shall
be cumulative and not exclusive and shall be in
addition to any other remedies and enforcement
provisions provided by law.
5.30.08 The issuance of a written notice by the Engineer as
specified throughout these Regulations shall in no way
or manner be deemed a prerequisite to the institution
of any enforcement proceedings set forth herein; and
provided further, that compliance with such written
notice shall not necessarily be deemed to be a defense
in any alleged violation of these Regulations in any
court action instituted seeking full compliance
therewith, but evidence of compliance with such order
may be introduced as matter in mitigation and
extenuation.
5.31 HOLD HARMLESS
5.31.01 The applicant and /or permittee shall agree to indemnify
and save the County, it's officers, employees and
agents harmless from any and all costs, damages and
liabilities which may accrue or be claimed to accrue by
reason of any work performed under a permit to
construct in the public way. The acceptance of any
permit under these regulations shall constitute such an
agreement by the applicant and /or permittee whether the
same is expressed or not, except to the extent of any
liability resulting from the willful or intentional act
on the part of the County, it's officers, employees and
agents.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -30
5.32 LIABILITY OF COUNTY
5.32.01 These Regulations shall not be construed as imposing
upon the County or any official or employee of the
County any liability or responsibility for damages to
any person injured or property damaged by reason of the
performance of any work within the public way, or under
a permit issued pursuant to these Regulations. Neither
shall the County or any official or employee thereof be
deemed to have assumed any such liability or
responsiblity by reason of random inspections discussed
hereunder, the issuance of any permit, or the approval
or disapproval of any work.
5.32.02 These Regulations shall not be construed as imposing
upon the County or any official or employee of the
County, any liability or responsibility for damages to
persons or property resulting from any inspection as
herein provided or resulting from any failure to so
inspect; or resulting from the issuance, suspension, or
denial of a permit authorized hereunder; or resulting
from the approval or disapproval of any work under
these Regulations or a permit issued in accordance
therewith; or resulting from the institution of court
action as hereinabove set forth or the forebearance by
the Board to so proceed.
5.32.03 Any County official, employee, or agent charged with
the administration, supervision and enforcement of
these Regulations, acting in good faith and without
malice on behalf of said County in the discharge of his
official duties, shall not thereby render himself
personally liable for any damages which may accrue to
persons or property resulting from any such act or
omission committed in the discharge of such duties.
Any suit or proceeding instituted against such official
or employee, stemming from any act or omission
performed by him in the enforcement or attempted
enforcement of any provision of these Regulations,
shall be defended by the legal officers of the County
until final termination of the proceedings.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -31
5.33 SEVERABILITY
5.33.01 If for any reason any one or more sections, sentences,
clauses or parts of these Regulations are held invalid,
such judgement shall not affect, impair or invalidate
the remaining provisions of these Regulations, but
shall be confined in its operation to the specific
sections, sentences, clauses or parts of these
Regulations held invalid, and the invalidity of any
section, sentence, clause or part of these Regulations
in any one or more instances, shall not affect or
prejudice in any way the validity of the remaining
provisions hereof.
5.34 INCORPORATION
5.34.01 The Application For Permit To Construct Within the
Public Way of Eagle County and the Permit To Construct
Within the Public Way of Eagle County are hereby
incorporated herein and made a part of these
Regulations as if fully set forth at length herein.
5.35 BINDING EFFECT
5.35.01 The responsibilities, agreements and obligations of the
applicant and /or permittee under these Regulations
shall inure to the benefit of the County and be binding
upon the applicant's and /or permittee's successors and
heirs.
END OF PART I
ADOPTED 6/18/84
EFFECTIVE 7/15/84. 5 -32
PART II - DESIGN AND CONSTRUCTION PROVISIONS
5.36 ENGINEERING AND CONSTRUCTION STANDARDS, SPECIFICATIONS
AND DETAILS
5.36.01 NOTIFICATION TO ENGINEER
A. Forty -eight (48) hours in advance of commencement
of the work.
B. Forty -eight (48) hours in advance of commencement
of jacking and boring attempts.
C. Forty -eight (48) hours in advance of commencement
of the backfilling operation.
D. No later than twenty -four (24) hours after
completion of the work.
5.36.02 TRAFFIC CONTROL
A. GENERAL:
In accordance with the MIUTCD.
B. DETOURS:
1. Traffic control per the MUTCD.
2. Horizontal alignment shall provide a minimum
safe speed for vehicular traffic of fifteen
(15) miles per hour.
3. A detour plan must be submitted to the
Engineer PRIOR to the issuance of the
permit(s). When conditions in the field
prescribe the use of an unanticipated detour
AFTER the permit is issued, all work under
the ermit(s) shall be suspended untiI h
time as the detour plan has been submitted to
and reviewed by the Engineer.
4. The detour shall be contained within the
limits of the public way, unless the
applicant has obtained the express
authorization of the affected private land
owner.
5. The applicant will notify the Sheriff's
Office, Fire Departments, ambulance services
and other affected agencies.
6. Driving surface shall be all- weather or
maintained to an all weather condition.
7. Traveled way shall be two lanes, one in each
direction clearly defined, at all times when
flagmen are not present and functioning in
their intended capacity.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -33
^.x
5.36.02 continued
C. ROAD
CLOSURE:
1.
Advance authorization of the Board of County
Commissioners and advance notification to the
Sheriff's Office, Fire Department, Ambulance
services, other affected agencies and the
public required.
2.
Alternate routes for users of the affected
roadway shall be provided in advance of any
other construction.
3.
Roadways of collector and above status in the
County shall not be closed.
4.
Traffic control per the MUTCD
D. TEMPORARY DISRUPTION OF TRAFFIC
1.
In order to peform the proposed work
temporary traffic disruptions of up to one
(1) hour may be authorized by the Engineer on
a case by case basis.
2.
Notification according to Sections 5.19 and
5.36.01 of these Regulations, as well as to
the agencies listed in Section 5.36.02 B. 5
above is required.
3.
Any additional requirements of the disruption
shall be listed as the special conditions on
the permit.
E. EMERGENCY VEHICLES:
In no case shall the applicant, by reason of
the work being performed in the public way,
be allowed to impede the progress of any
emergency vehicle(s). In the event an
emergency vehicle(s) approaches the work site
the applicant shall be responsible for
ceasing and desisting all work in the public
way except that which is necessary to allow
the immediate passage of said emergency
vehicle(s).
5.36.03 MINIMUM DEPTH OF COVER
A. GENERAL:
1. All underground installations, except
drainage culverts - twenty -four (24) inches.
2. Drainage culverts - Twelve (12) inches to the
top of culvert, or as necessary to provide
positive roadside drainage
B. SPECIAL PROVISIONS:
In areas adjacent roadways that presently do
not have well defined drainage ditches, the
minimum depth of cover in ditch areas may be
extended up to forty -eight (48) inches below
the surface of the roadway for all
underground installations, except drainage
culverts.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -34
f
5.36.03 continued
C. OTHER REQUIREMENTS:
5.36.04 BACKFILL
These provisions do not supercede other
requirements of underground installations,
such as the Department of Transportation,
Public Utilities Commission, National
Electrical Code, etc., unless these
provisions are more stringent.
A. MATERIALS:
I.
Transverse installations and longitudinal
installations less than fifty (50) feet in
improved roadways: Colorado State Department
of Highways Class 6 Aggregate Base Course
within the roadway prism
2.
Longitudinal installations in excess of fifty
(50) feet in improved roadways: Well graded
stable granular material conforming to the
requirements of the Colorado State Department
of Highways Class I Structure Backfill within
the roadway prism, except that the last
twelve (12) inches shall be backfilled with
Colorado State Department of Highways Class 6
Aggregate Base Course.
3.
Suitable material for use in backfilling
within the roadway prism of unimproved
roadways, or new development roadways under
construction at the subgrade stage, is that
excavated material which is free of organic
material, frozen lumps or rocks in excess of
eight (8) inches in diameter, provided
however, that rocks in excess of three (3)
inches in diameter shall not be used within
the last twelve (12) inches of backfill.
4.
Native materials may be used for backfilling
outside the roadway prism.
5.
The Engineer may require the re- treatment of
the gravel driving surface, when it exists,
and has been contaminated by the excavation
or stockpiling of native materials.
B. METHOD:
All backfilling to be mechanically compacted
in lifts ranging in thickness from four (4)
to twelve (12) inches, said lifts being
commensurate with the size and type of
compaction equipment and backfill material
being used.
Refer to the Standard Details in these Regulations for
an illustration of the roadway prism.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -35
5.36.04 B. continued
For example, when a jumping jack is being
used for compaction of C.D.O.H. Cl. 6
Aggregate Base Course, the lift should not
exceed 4 inches.
C. PERFORMANCE:
1. All backfilling within the roadway
prism: Compact granular material to at least
95 percent of standard proctor maximum
density as determined at optimum moisture
content. Moisture content of backfill
material should be from minus one per -cent tc
plus two percent of optimum moisture at all
times.
2. All backfilling outside the roadway prism,
yet within the limits of the public way:
Compact suitable material to at least 90
percent of standard proctor maximum density
as determined at optimum moisture content.
D. COMPACTION TESTING
1. General:
The applicant and /or permittee is responsible
for ensuring that all backfilling conforms to
the requirements of these Regulations. The
County may perform in -place density testing
on a random or spot basis.
2. When in -place density testing is required as
a special condition of the permit, or is done
to indicate uniform construction methods,
items 3. through 6. immediately below are
minimum requirements of said testing.
3. Frequency:
a. Transverse installations:
1.) Horizontal interval: One (1) per
fifteen (15) lineal feet of
excavation, or fraction thereof.
2.) Vertical interval: One at one (1)
foot above the finished utility
foundation or bedding course, then
one (1) at each successive two (2)
foot level until completely
backfilled, with the last test at
the finished surface of the
backfill.
b. Longitudinal installations:
1.) Horizontal interval: One (1) per
one - hundred (100) lineal feet of
excavation, or fraction thereof.
2.) Vertical interval: One at one (1)
foot above the finished utility
foundation or bedding course, then
one (1) at each successive two (2)
foot level until completely
backfilled, with the last test at
the finished surface of the
backfill.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -36
5.36.04 D. continued
j
4. Moisture - Density relation: ASTM D698
(Standard Proctor)
5. In -place Density: Any of the following:
a. ASTM D -2937 (Drive Cylinder)
b. ASTM D -2167 (Rubber Ballon)
C. ASTM D -1556 (Sand Cone)
d. ASTM D -2922 (Nuclear)
6. Access to test location and depth: Applicant
to furnish equipment and personnel if they
are on -site.
5.36.05 JACKING AND BORING
A. GENERAL:
Transverse installations within the public
way shall be "jacked" or "jacked and bored"
without disturbing the surface or structure
above, in accordance with the provisions of
Section 5.20 of these Regulations.
B. ENCASEMENT:
1. Transverse installations by jacking and
boring shall be encased in pipe of
larger diameter, unless the carrier pipe
itself is jacked or jacked and bored, or
the jacked pipe is used to retrieve a
carrier pipe of the same size.
2. Any encasement installed shall be
required for the full limit of the
affected roadway prism.
3. Bores shall not be larger than lines or
encasements.
4. Joints of any encasement installed shall
be watertight.
C. WATER:
Water assisted boring will be permitted, as
determined by the Engineer. Water jetting
will not be permitted.
D. TUNNELLING:
Tunnelling shall not be allowed.
E. MINIMUM BURIAL DEPTH:
Minimum burial depth as specified in Section
5.36.03 above shall apply.
5.36.06 PAVEMENT REMOVAL AND RESTORATION
A. GENERAL:
Permanent pavements, subject to the
provisions of this section, are all improved
pavement surfaces above the quality of
treated gravel.
ADOPTED 6/18/84
EFFECTIVE 7/15/84
5 -37
s i
J
5.36.06 continued
B. JOB
CONDITIONS:
1.
Pavement Remnant limit: Remove to edge or
joint where remnant dimension is less than
three (3) feet.
2.
Seasonal limitations: April 15 to November
15 except in the case of Emergency Work as
set forth in Section 5.26 of these
Regulations.
3.
Scheduling:
a. Restoration of pavement: Within 30 days
of the utility installation, or less, to
comply with Section 5.36.06 B.2 above.
b. Clean -up: Promptly following pavement
restoration.
4.
Maintenance of Temporary Surfaces:
Applicant shall provide until permanent
pavement is installed.
C. MATERIALS:
1.
Gravel Base: C.D.O.H. Class 6 Aggregate Base
Course.
2.
Bituminous Base: C.D.O.H. Hot Plant Mix
Bituminous Pavement - Grading C, D or E
3.
Bituminous Surface: C.D.O.H. Hot Plant Mix
Bituminous Pavement - Grading C, D or E
4.
Bituminous Surface Overlay: C.D.O.H. Hot
Plant Mix Bituminous Pavement - Grading D
5.
Bituminous Joint Seal: Flex -A -Fill, or
approved equal.
D. EXECUTION:
Performance:
a. General:
Removal: Becomes property of the
applicant for disposal.
b. Gravel Base under Paved Driving Surface,
including shoulder area:
(1.) Restoration thickness: twelve (12)
inches.
(2.) Construction method: See Section
5.36.04 B. of these Regulations.
(3.) Surface tolerance: one quarter
(1/4) inch in ten (10) feet.
C. Paved Driving Surface:
(1.) Cutting: Pre -cut vertically in
straight lines at right angles, or
parallel, to pavement mat
centerline such that waste material
can be excavated without
disturbance or damage to the
adjoining mat. Approved methods of
pre - cutting the mat are a cutting
wheel, jack- hammer, or power
cut -off saw.
ADOPTED 6/18/84
- EFFECTIVE 7/15/84 5 -38
,3
5.36.06 D. c. 1. continued
Prior to placement of bituminous
pavement patch, mat shall be re -cut
vertically, with square edges, a
minimum of twelve (12) inches
beyond the edge of pavement mat
previously cut, or as damaged
during construction, by means of a
power cut -off saw.
(2.) Restoration thickness: Original
thickness plus one (1) inch,
however, minimum finished thickness
is three (3) inches.
(3.) Construction method: Apply tack
coat to pavement edges.
Mechanically compact in lifts not
to exceed one and one -half (1 1/2)
inches. Each lift must achieve
stability before applying
successive lifts. Tack coat may be
required between lifts. Surface
course shall be rolled with a steel
drum pavement roller.
(4.) Surface tolerance:
The variation between any two
contacts with the surface shall not
exceed three - sixteenths of an inch
in ten feet, using a ten foot
straightedge.
Gravel Driving Surface, including
shoulder area:
(1.) Restoration thickness: Original
thickness plus two (2) inches,
however, minimum total thickness is
six (6) inches.
(2.) Construction method: See Section
5.36.04 B of these Regulations
(3.) Surface Tolerance: The variation
between any two contacts with the
surface shall not exceed one - quarter
inch in ten feet, using a ten foot
straightedge.
5.36.07 WORK SITE IMPROVEMENTS PROTECTION AND RESTORATION
A. GENERAL
1. Description
This section encompasses the work
required for the protection of all
existing improvements, public and
private, in the vicinity of the work
site, and their restoration.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -39
5.36.07 A. continued
2. Scheduling:
a. Clean -up:
(1.) Immediately following the
installation authorized under the
permit, or;
(2.) Generally within one- hundred (100)
feet of the progress of the work in
the case of longitudinal
installations.
b. Restoration:
Promptly following the installation
B. PRODUCTS: authorized under the permit.
Materials:
All materials used shall be at least the
same or equal quality of those that
existed prior to the start of
construction.
C. PERFORMANCE:
1. Protection:
All items not indicated for removal.
2. Restoration:
Approval of the improvements owner
required.
5.36.08 ROADWAY CONSTRUCTION
RESERVED
5.36.09 DRIVEWAY APPROACHES
RESERVED
5.36.10 MISCELLANEOUS PROVISIONS CONCERNING UTILITY
INSTALLATIONS
A. PAVED SURFACE. PROTECTION
No cleated or tracked equipment shall be
allowed to work on or move over paved
surfaces without mats or padding, and no
equipment outriggers or stabilizers shall
rest directly on paved surfaces, but shall be
padded to protect the pavement.
B. PLASTIC CONDUITS
Plastic pipe used as conduit for utilities
shall, as a minimum, meet ASTM D2750, Type II
(Direct Burial), ASTM D3034, SDR35 or equal.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -40
M
l
% 5.36.10 continued
C. LIMITATIONS
1. No work under the permit shall be allowed to
be performed within the public way on
Saturdays, Sundays, or holidays, unless
otherwise specified in the special conditions
on the face of the permit, except in the case
of Emergency Work according to the provisions
of Section 5.26 of these Regulations.
2. No open trench shall be permitted in the
public way during hours of darkness, unless
the public way is closed to the public due to
being under construction and is positively
barricaded, or unless otherwise specified in
the special conditions on the face of the
permit.
3. All excavated materials shall be removed from
the roadway surface each day.
D. HORIZONTAL ALIGNMENT
Where the installation crosses the driving
surface transversely, the crossing shall be
as perpendicular to the driving surface as is
feasible.
E. CROSSING IRRIGATION DITCHES, CANALS OR14ATER
CARRYING STRUCTURES
Where the installation crosses any irrigation
ditches, canals or water carrying structures
it shall be jacked or jacked and bored
through and at a minimum of twenty -four (24)
inches below the invert of the above
mentioned facilities or as otherwise approved
by the facilities owner. In no case shall
the flow of water ever be impaired or
interrupted unless authorized by the owner of
the above mentioned facilities.
F. PLOWING UTILITIES
1. Minimum depth of cover for utilities
installed by plowing shall be as set
forth in Section 5.36.03 of these
Regulations.
2. Rocks brought to the surface when
plowing shall be removed, then the area
backfilled according to Section 5.36.04
of these Regulations.
3. Re- treatment of gravel roadways which
have received chemical stabilizers or
dust palliatives may be required by the
Engineer after plowing.
4. Plowing shall not occur within four (4)
feet of the edge of any pavement mat.
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -41
r
5.36.10. F. continued
5. Plowing shall not occur within those
roadways which have been treated with a
geotechnical fabric when the possibility
exists that the plow may come into
contact with said fabric.
6. Installations by plowing shall not be
subject to the provisions of Section
5.36.04 of these Regulations, except for
those portions of the installation where
there is open excavation by means other
G. DRAINAGE than plowing.
The applicant shall be responsible for
establishing such measures, temporary or
permanent, that provide for, or do not
impair, the flow of drainage tributary to, or
leaving the work site.
5.36.11 STANDARD DETAILS
5.36.11 -1 Roadway Prism
5.36.11 -2 Excavation Backfill and Restoration
ADOPTED 6/18/84
EFFECTIVE 7/15/84 5 -42
e
M
3" MIN. C.D.O.H. HOT PLANT MIX
BIT. PAVEMENT- GRADING C, D or E
PLACED IN 1 -1/2 LIFTS.
EXISTING PAVED -
DRIVING SURFACE
EXISTING ---j
BASE COURSE
NOTES:
I. EXISTING PAVEMENT SHALL
BE CUT PRIOR TO
EXCAVATION.
2. EXISTING PAVEMENT SHALL
BE RE -CUT SQUARE A
MINIMUM OF 12" BEYOND
THE EDGE OF PAVEMENT
PREVIOUSLY CUT, OR AS
DAMAGED DURING CONST.,
PRIOR TO PLACEMENT
OF THE BITUMINOUS
PAVEMENT PATCH.
12° MIN. C.D.O.H. CLASS 6 AGG
BASE COURSE, COMPACTED IN
LIFTS TO AT LEAST 95 %* OF
MAXIMUM DENSITY AT OPTIMUM
MOISTURE CONTENT.
EXISTING GRAVEL
DRIVING SURFACE
GRANULAR BACKFILL
MATERIAL, AS REQUIRED,
COMPACTED. IN LIFTS TO
AT LEAST 95 %* OF MAX.
DENSITY AT OPTIMUM
MOISTURE CONTENT.
BEDDING PER UTILITY
OPERATOR /MAINTAINER
SPECIFICATIONS.
UTILITY OR INSTALLATION
* WITHIN ROADWAY PRISM
NOT TO SCALE
EAGLE COUNTY EXCAVATION BACKFILL STANDARD
DE ARTMENT OF PUBLIC WORKS DETAIL
�C IR AND RESTORATION 1 5.36.11 -2
COUNTY E INE R DATE DRAWN FK/5; REVISED SHEET I OF 1
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NOTE:
IN THE ABSENCE OF APPROVED ROAD CONST.
PLANS THE MINIMUM DIMENSION BETWEEN THE
EDGE OF TRAVELED WAY AND THE EDGE OF
SHOULDER SHALL BE TWO (2) FEET.
NOT TO SCALE
EAGLE COUNTY STANDARD
DEPARTMENT OF PUBLIC WORKS R ®�DV�AY F�R�SM DETAIL
�UNTY 5.36.11 -I
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AREA REPRESENTED BY SHADING
FOR BOTH PAVED AND GRAVEL
DRIVING SURFACES.
NOTE:
IN THE ABSENCE OF APPROVED ROAD CONST.
PLANS THE MINIMUM DIMENSION BETWEEN THE
EDGE OF TRAVELED WAY AND THE EDGE OF
SHOULDER SHALL BE TWO (2) FEET.
NOT TO SCALE
EAGLE COUNTY STANDARD
DEPARTMENT OF PUBLIC WORKS R ®�DV�AY F�R�SM DETAIL
�UNTY 5.36.11 -I
`INEER DATE DRAWN py REVISED SHEET 1 OF
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