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HomeMy WebLinkAboutR96-122 amending LUR"s Appendix and Chapter V/..~/~~ 1~ '~ r 1' Coaunissioner ~+ O'er-- ~ moved adoption of the following R solution:' BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96- IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED CONCERNING THE APPENDIX TO THE EAGLE COUNTY LAND USE REGULATIONS AND CHAPTER V-REGULATIONS FOR CONSTRUCTION WITHIN THE PUBLIC WAY OF EAGLE COUNTY FILE NO. LUR-018-96 WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-101, gt~ sea., to plan for and regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R."), pursuant to Resolution ~ No. 82-26, and as subsequently amended; and Ct ~, WHEREAS, C.R.S. 30-28-115, and Section 1.15 of the L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and _ . 601701 B-705 P-717 09/19/1996 01:23P PG 1 OF 53 REC DOC NOT Sara J. Fisher Eagle County Glerk & Recorder O.OU Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96- TN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED CONCERNING THE APPENDIX TO THE EAGLE COUNTY LAND USE REGULATIONS AND CHAPTER V-REGULATIONS FOR CONSTRUCTION WITHIN THE PUBLIC WAY OF EAGLE COUNTY FILE NO. LUR-018-96 WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-101, ~ sea., to plan for and regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-115, and Section 1.15 of the L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and _ WHEREAS, C.R.S. 30-28-133, and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on May 23, 1996, the Eagle County Department of Community Development, initiated proposed amendments to remove Appendix A Subdivision Summary Form, from the L.U.R., and to rename Appendix B though L to reflect the removal of Appendix A, in order to provide for ease of administration, such proposed amendments were referred to the Eagle County Planning Commission for its review and comment; and WHEREAS, on May 23, 1996, the Eagle County Department of Community Development, initiated proposed amendments to Chapter V of the L.U.R., concerning Regulations for Construction within the Public Way of Eagle County, such proposed amendments were referred to the Eagle County Planning Commission for its review and comment; and WHEREAS, the Planning Commission reviewed the proposed amendments on August 7, 1996 and August 8,1996, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on August 27, 1996 in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, 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 Planning Commission and the Eagle County Department of Community Development, together with the various studies and land use plans of the County including the Eagle County Master Plan, the Board hereby determines that the proposed amendments to the Appendix of the L.U.R. and Chapter V of the L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado. 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIrIIriISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Appendix the hereby amended, Appendix A removed from the L.U.R. and renamed to reflect the remo~ Exhibit "A" attached hereto reference. Eagle County Land Use Regulations, is - Subdivision Summary Form - is being Appendix B through L are being gal of Appendix A, as set forth in and incorporated herein by this THAT, Chapter V of the Eagle County Land Use Regulations, is hereby amended, as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. THAT, these amendments to the L.U.R shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibits, 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 is declared to be severable. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, Sta of Colorado, at its regular meeting held the T~-f~L day of ~1 oo~~r,~.~~~ 19 , nunc pro tunc to the 27th day of August, 1996. ~y e ,.~'~e COUNTY OF EAGLE, STATE OF COLORADO ~ ~ • By and Through Its BOARD OF COUNTY ATTEST: ~ ~+..__aw90 COMMISSIONERS .~-- BY: Sara J. Fi her Clerk of the Board of County Commissioners BY: George A. Gates, Chairman Commissioner ~[~~e seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates ~- Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. ~ nLS,~ This Resolution passed by ~L ~U vote of the Board of County Commissioners of the County of Eagle, State of Colorado. lura.96\amend.res 4 BY: Johnnette Phillips, Comm'ssioner EXHIBIT A ~ ;~~~ ~~1~ ~ j Ii ,. STATE TAX PARCEL #: NAME: • MAILING ADDRESS: TOWN/STATE/ZI P: DAYTIME PHONE #: FAx# REPRESENTATIVE ~~ CHECK IF SAME AS APPLICANT) NAME: MAILING ADDRESS: TOWN/STATEfZIP: DAYTIME PHONE #: PHYSICAL ADDRESS: SKETCH PRELIMINARY FINAL AMENDED FINAL PLAT MINOR TYPE °A" MINOR TYPE ~ B" PUD AMENDMENT ' CORRECTION PLAT NAME: MAILING ADDRESS: TOWN/STATE/ZIP: DAYTIME PHONE #: FAx#~ FAx# ALL CORRESPONDANCE WILL BE MAILED OR FAXED TO THE REPRESENTATIVE OF THE APPLICANT I IN~1 F~S~s OTHERWISE REQUESTED. 1 SUBDIVISION: LOT: BLOCK: FILING: Tj~A~; TOWNSHIP:. RANGE: SECTION: SINGLE FAMILY DU PLEx MULTIFAMILY TOTAL NUMBER OF DWELLING UNITS: COMMERCIAI,~/INDUSTRIAL FLOOR AREA (NUMBER OF LOTS: SAUARE FOOTAGE: ) TOTAL ACREAGE OF PARCEL: PROPOSED ACCESS TO SITE: PROPOSED SOURCE OF WATER: PROPOSED SOURCE OF WASTE DISPOSAL: /F MORE SPACE /S NEEDED FOR THE FOLLOW/NG /NFORMAT70N, PLEASE ATTACH A SEPARATE SHEET. NAMES AND MAILING ADDRESSES OF CONTIGUOUS PROPERTY OWNERS (ONLY NECESSARY FOR SKETCH AND PRELIMINARY PLANS), OR ADJACENT PROPERTY OWNERS WIT1iIN 25O FT (NECESSARY FOR AMENDED FINAL PLATS), OR ALL OWNERS WtTiIN A PUD (ONLY NECESSARY FOR PUD AMENDMENTS): 2 OWNERS OF SUBSURFACE MINERAL RIGHTS (ONLY NECESSARY FOR SKETCH AND PRELIMINARY PLANS) NAMES AND MAILING ADDRESSES: LESSEES.OF SUBSURFACE MINERAL INTERESTS (ONLY NECESSARY FOR SKETCH AND PRELIMINARY PLANS) NAME: AND MAILING ADDRESSES: MORTGAGE OR UENHOLDER ~ NAMES AND MAILING ADDRESSES: NOTE: (SUBMn-rAL COPIES REOUIRED) MINOR TYPE B AND CORRECTION PLATS ..................... 4COPIES AMENDED FINAL PLATS .......................................... 5 COPIES ALL OTHER APPLICATIONS ..................................... Z COPIES ONCE ACCEPTED AS COMPLETE, ADD/770NAL GDP/ES W/LL BE REOL/ES?EL~ FOR REFERfL4L. REDUCED COP/ES CB //2 X / 7") FOR THE PLANN/NG COMM/SS/ON AND BOARD OF COUNTY COMM/SS/ONERS ARE PREFERRED. THE ABOVE INFORMATION IS CORRECT AND ACCURATE TO•THE BEST OF MY KNOWLEDGE. - SIGNATURE OF PROPERTY OWNER DATE IF THE REPRESENTATIVE IS NOT THE- OWNER, FURNISH EVIDENCE OF OWNERS PERMISSION TO PROCEED VW'T1i THE APPLICATION. O O O O O O O O O O O O O O O FOR OFFICIAL USE ONLY: RECEIVED BY: FEE REQUIRED: RECEIPT #: DATE RECEIVED ACCEPTED AS COMPLETE AMOUNT RECEIVED: CHECK #: Revised 6/27/96 3 EXHIBIT B CHAPTER V REGULATIONS FOR CONSTRUCTION WITHIN THE PUBLIC WAY OF EAGLE COUNTY TABLE OF CONTENTS PART I -GENERAL PROVISIONS SECTION CONTENT PAGE 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 ........................................ 5-6 5.06 APPLICATION FOR PERMITS ............................... 5-8 5.07 COORDINATION WITH EXISTING UTILITIES ................... 5-8 5.08 PERMIT FEES ........................................... 5-9 5.09 COLLATERAL FOR FAITHFUL PERFORMANCE ............... 5-11 5.10 PAYMENT OF PERMIT FEES AND COLLATERAL .............. 5-12 5.11 INSURANCE ............................................ 5-13 5.12 APPROVAL OR DISAPPROVAL OF APPLICATION; COMMENCEMENT OF WORK .............................. 5-14 5.13 COMPLIANCE WITH ENGINEERING AND CONST_ RUCTION _ STANDARDS, SPECIFICATIONS, AND DETAILS ............... 5-15 5.14 PERMIT DURATION AND LIMITS ........................... 5-15 5.15 ADDITIONAL PERMITS ................................... 5-16 PART II -DESIGN AND CONSTRUCTION PROVISIONS ,~,TION CONTENT PAGE 5.36 ENGINEERING AND CONSTRUCTION STANDARDS, SPECIFICATIONS, AND DETAILS ........................... 5-30 5.36.01 NOTIFICATION TO ENGINEER ............................. 5-30 5.36.02 TRAFFIC CONTROL ...................................... 5-30 5.36.03 MINIMUM DEPTH OF COVER .............................. 5-32 5.36.04 BACKFILL .............................................. 5-32 5.36.05 JACKING AND BORING ................................... 5-35 5.36.06 PAVEMENT REMOVAL AND RESTORATION .................. 5-36 5.36.07 WORK SITE IMPROVEMENTS, PROTECTION, AND RESTORATION ......................................... 5-38 5.36.08 ROADWAY CONSTRUCTION .............................. 5-39 5.36.09 DRIVEWAY APPROACHES ................................ 5-39 5.36.10 MISCELLANEOUS PROVISIONS CONCERNING UTILITY INSTALLATIONS ................................. 5-39 5.36.11 STANDARD DETAILS ..................................... 5-41 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. 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 Regulations for Construction Within the Public Way Page 5-1 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 Eagle County Engineer, or his authorized representative. 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• sea., 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 Longitudinallnstallations Longitudinal installations shall mean those installations which are more or less parallel to the public way centerline, and running with the public way. 5.04.11 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 Transportation. Regulations far Construction Within the Public Way Page 5-3 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 responsibility and obligation for maintenance and control thereof. 5.04.18 Regulations Regulations shall mean the Regulations for Construction Within the Public Way of Eagle County as set forth in Chapter 5 of the Eagle County Land Use Regulations. 5.04.19 Special Conditions 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. 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. seo., C.R.S. 5.04.21 Transverse Installations Transverse installations shall mean those installations which cross the public way more or less perpendicularly. Regulations for Construction Within the Public Way Page 5-5 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 spec cations 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. 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 occurred. 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. Regulations for Construction Within the Public Way Page 5-7 and/or facilities, and request "locations" prior to commencement of any excavation. 5.08 PERMIT FEES 5.08.01 A permit fee shall be required prior to 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, Longitudinal $150.00 Base Fee Installations of fifty (50) lineal feet or less, and all installations by plowing Each additional transverse installation Add $50.00 to at one location (applies to water and the base fee sewer only) Longitudinal installations in excess of $150.00 base fee fifty (50) lineal feet When the depth of excavation is Add $0.06 per lineal four (4) feet or less foot of excavation in excess of fifty (50) feet When the depth of excavation is Add $0.09 per lineal in excess of four (4) feet 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. Regulations for Construction Within the Public Way page 5-9 checking of the work performed in the public way. Permit fees may be partially refundable after permit issuance when the proposed construction is canceled 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 reinspection 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, certificate of deposit issued by a bank within the State of Colorado, or surety bond as approved by the County Attorney. Facilities already collateralized by a Subdivision Improvements Agreement 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 dollars ($100.00), 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 dollar ($1.00) per lineal foot of the excess will be added to the above mentioned base amount. B. When the work to be done by the applicant wilt affect that portion of the public way including the roadway prism, the base amount of the collateral shall be two hundred fifty dollars ($250.00) when the driving surface within the affected roadway prism is graveled and two thousand dollars ($2,000.00) 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 Regulations for Construction Within the Public Way Page 5-11 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; 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 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 occurrence, and (2) the sum of six hundred thousand dollars ($600,000.00) for an injury to two or more persons in any single occurrence. All other insurance required Regulations for Construction Within the Public Way Page 5-13 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. 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. sea. 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. Regulations for Construction Within the Public Way Page 5-15 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 shat{ conform to the guidelines of the MUTCD. 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. The Engineer shall be notified in advance of actions taken. Regulations for Construction Within the Public Way Page 5-17 roadway is such that it is scheduled to be reconstructed or resurfaced within two (2) years of the time of application. Note: fn 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 paved public roadway is authorized it shall be noted 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. 5.21 INSPECTION 5.21.01 Inspections will generally be performed on a spot 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. sea• of these Regulations. Any other inspection requirements will be noted on the permit(s) issued pursuant to these Regulations. Regulations for Construction Within the Public Way Page 5-19 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 the Engineer 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, 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. Such correction may be subject to an additional one year warranty period as determined by the Engineer. 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. Work site must be clear of snow or other visual obstructions so as to allow for the Engineer's conditional approval. Work sites not complying will delay the commencement of the warranty period. 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 reinspection of the work site for conditional approval shall"be arranged at that time. Regulations for Construction Within the Public Way Page 5-21 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 to 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 this installation or the facilities constructed under a permit issued in accordance with these Regulations. 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 reseeding, 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 operations on the installed facility, not permitted under 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 5.11 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 construction zone traffic control in accordance with the MUTCD, while performing said maintenance, repair, alteration, or removal operations within the public way. Regulations for Construction Within the Public Way Page 5-23 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. 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, in accordance with the procedures contained in Section 1.17 of the Eagle County Land Use Regulations, to the Board of County Commissioners. The written 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 Regulations for Construction Within the Public Way Page 5-25 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, its 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, its officers, employees, and agents. Regulations for Construction Within the Public Way Page 5-27 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, heirs, and assigns. Regulations for Construction Within the Public Way Page X29 5. The applicant will notify the Sheriffs 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. C. Road Closure: 1. Advance authorization of the Board of County Commissioners and advance not cation to the Sheriffs 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 perform 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 as welt. 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) Regulations for Construction within the Public Way Page 5-31 Transportation Class I Structure Backfill within the roadway prism, except that the last twelve (12) inches shall be backfilled with Colorado State Department of Transportation 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. For example, when a jumping jack is being used for compaction of Colorado Department of Transportation Class 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 percent to plus two percent of optimum moisture at all times. 2. All backfiifing outside the roadway prim, 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. Regulations for Construction Within the Public Way Page 5-33 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. Tunneling: Tunneling shall not be allowed. E. Minimum Burial Depth: Minimum burial depth as specified in Section 5.36.03 above shall aPPIY• Regulations for Construction Within the Public Way Page 5-35 5. Bituminous Joint Seal: Flex-a-Fill, or approved equal. D. Execution: 1. 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 ('/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. 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. Regulations for Construction Within the Public Way Page 5-37 (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 authorized under the permit. B. Products: 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. Regulations for Construction Within the Public Way Page 5-39 1 , 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. 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 than plowing. G. Drainage 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 Regulations for Construction Within the Public Way Page 5-41 3~~ MIN. C. D.O. H. HOT PLANT MIX BIT. PAVEMENT -GRADING C, D or E PLACED IN i - I/2~~ LIFTS. ~~ 12 MIN. C.QO.H. CLASS 6 AGG. BASE COURSE, COMPACTED IN LIFTS TO AT LEAST 95 %* OF MAXIMUM DENSITY AT OPTIMUM1r MOISTURE CONTENT. EXISTING GRAVE EXISTING PAVED-, 12 pRiVING SURFAC DRIVING SURFACE ~' MIN I -. ~,; EXISTING ~ ~ "`'~~ - `~`' ~~ ~~ r BASE COURSE - -_- -'~`~~ ~ ;~ - •. ~ X•~ . ~ ~/,. ~~• ~sr •' r • ! '~ ~ . .., . ''-'-'~''~'~ -~~• ~~' GRANULAR BACKFILL ~/ A..~~-. •~ V ~ .~~~:'=~"" ~, MATERIAL, AS REOUIRi '-'~-' _ _ COMPACTED• IN LIFTS •,: ~ ~= ~ `:` - AT LEAST 95 %* OF P ,.~ - NOTES •' ~ ~ 1. DENSITY AT OPTIMUM -,; ~ MOISTURE CONTENT. I. EXISTING PAVEMENT SHALL '~'^ -- 8E CUT PRIOR TO -_- - EXCAVATION. ~ - - - ;. - 2. EXISTING PAVEMENT SHALL _..__ _ ~ ~ 8E RE-CUT SQUARE A ~ ..:_ .~. MINIMUM OF 12~~ BEYOND :~ ~;~=~ =:~"' THE EDGE OF PAVEMENT ~'•: -• ':: . ` PREVIOUSLY CUT, OR AS - DAMAGED DURING CONST., _-_ _-- BEDDING PER UTILITY PR10R TO PLACEMENT ~ OPERATOR/MAINTAINER OF THE 81TUMINOUS 1J~ '`~`~ SPECIFICATIONS. PAVEMENT PATCH. UTILIfiY OR INSTALLATION _ '~ WITHIN ROADWAY PRISM NOT TO SC EAGLE COUNTY EXCAVATION BACKFILL DEPARTMENT OF PUBLIC WORKS '- AND RESTOR ATiON ;, ~Rnwn~ Ov-/~ RED/USED STANDA DETAI 5.3s.ii SHE-~ ~ Commissioner moved adoption of the following solution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96- IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED CONCERNING THE APPENDIX TO THE EAGLE COUNTY LAND USE REGULATIONS AND CHAPTER V-REGULATIONS FOR CONSTRUCTION WITHIN THE PUBLIC WAY OF EAGLE COUNTY FILE NO. LUR-018-96 WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-101, ~ sew., to plan for and regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-115, and Section 1.15 of the L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30-28-133, and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on May 23, 1996, the Eagle County Department of Community Development, initiated proposed amendments to remove Appendix A Subdivision Summary Form, from the L.U.R., and to rename Appendix B though L to reflect the removal of Appendix A, in order to provide for ease of administration, such proposed amendments were referred to the Eagle County Planning Commission for its review and comment; and WHEREAS, on May 23, 1996, the Eagle County Department of Community Development, initiated proposed amendments to Chapter V of the L.U.R., concerning Regulations for Construction within the Public Way of Eagle County, such proposed amendments were referred to the Eagle County Planning Commission for its review and comment; and WHEREAS, the Planning Commission reviewed the proposed amendments on August 7, 1996 and August 8,1996, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on August 27, 1996 in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, 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 Planning Commission and the Eagle County Department of Community Development, together with the various studies and land use plans of the County including the Eagle County Master Plan, the Board hereby determines that the proposed amendments to the Appendix of the L.U.R. and Chapter V of the L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado. 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONIIrlISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Appendix the hereby amended, Appendix A removed from the L.U.R. and renamed to reflect the remo~ Exhibit "A" attached hereto reference. Eagle County Land Use Regulations, is - Subdivision Summary Form - is being Appendix B through L are being val of Appendix A, as set forth in and incorporated herein by this THAT, Chapter V of the Eagle County Land Use Regulations, is hereby amended, as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. THAT, these amendments to the L.U.R shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibits, 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 is declared to be severable. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. 3 w MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, Sta of Colorado, at its regular meeting held the ~~ll~ .. day of ~~~~~r,,p~ 19 , nunc pro tunc to the 27th day of August, 1996. ~~~~~~ G ~ ~~ ~~ ATTEST. ~ • ~a~~~ F~~ BY: BY: Sara J. Fi er Clerk of the Board of COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS .pct George A. Gates, Chairman County Commissioners BY• Johnnette Phillips, Com issioner Commissioner ~ .D seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates --- Commissioner Johnnette Phillips Q.vll Commissioner James E. Johnson, Jr. ~.,.~ This Resolution passed by D( --C~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. lura.96\amend.res 4 EXHIBIT A ~~ ~ ~~'~1I~~1~ ~~~ ~~ ~ STATE TAX PARCEL #: NAME: MAILING ADDRESS: TOWN/STATE/ZIP: DAYTIME PHONE #: FAX# REPRESENTATIVE i^ CHECK IF SAME AS APPLICANT) NAME: _ MAILING ADDRESS: PHYSICAL ADDRESS: SKETCH PRELIMINARY FINAL AMENDED FINAL PLAT MINOR TYPE ~~A~~ MINOR TYPE ~~B~~ PUD AMENDMENT ' CORRECTION PLAT NAME: MAILING ADDRESS: TOWN/STATE/ZIP: DAYTIME PHONE •~: FAx# TOWN/STATE/ZIP: ZONE DISTRICT DAYTIME PHONE #: FAx# ALL CORRESPONDANCE WILL BE MAILED OR FAXED TO THE REPRESENTATIVE OF THE APPLICANT UNLESS OTHERWISE REQUESTED. I SUBDIVISION: LOT: BLOCK: FILING: TRACT; TOWNSHIP:. RANGE: SECTION: HOUSING TYPE NUMBER OF LOTS NUMBER OF UNITS SINGLE FAMILY DUPLEx MULTI-FAMILY TOTAL NUMBER OF DWELLING UNITS: COMMERCIAUINDUSTRIAL FLOOR AREA (NUMBER OF LOTS: SQUARE FOOTAGE: ) TOTAL ACREAGE OF PARCEL: PROPOSED ACCESS TO SITE: PROPOSED SOURCE OF WATER: PROPOSED SOURCE OF WASTE DISPOSAL: /F MORE SPACE /S NEEDED FOR THE FOLLOWING INFORMATION, PLEASE ATTACH A SEPAFL4TE SHEET. NAMES AND MAILING ADDRESSES OF CONTIGUOUS PROPERTY OWNERS (ONLY NECESSARY FOR SKETCH AND PRELIMINARY PLANS), OR ADJACENT PROPERTY OWNERS WITHIN 250 FT (NECESSARY FOR AMENDED FINAL PLATS), OR ALL OWNERS WITHIN A PUD (ONLY NECESSARY FOR PUD AMENDMENTS): 2 OWNERS OF SUBSURFACE MINERAL RIGHTS (ONLY NECESSARY FOR SKETCH AND PRELIMINARY PLANS) NAMES AND MAILING ADDRESSES: , LESSEES•OF SUBSURFACE MINERAL INTERESTS (ONLY NECESSARY FOR SKETCH AND PRELIMINARY PLANS) NAMES AND MAILING ADDRESSES: MORTGAGE OR UENHOLDER -NAMES AND MAILING ADDRESSES: NOTE: (SUBMITTAL COPIES REQUIRED) MINOR TYPE B AND CORRECTION PLATS ..................... 4COPIES AMENDED FINAL PLATS .......................................... 5 COPIES ALL OTHER APPLICATIONS ..................................... Z COPIES ONCE ACCEPTED AS COMPLETE, ADDRfONAL COP/E,s^ W/LL BE REQUESTED FOR REFERR4L. REDUCED COP/ES (B //2 X / 7~1 FOR THE PLANNING COMMISSION AND BOARD OF COUNTY COMM/SS/ONERS ARE PREFERRED. THE ABOVE INFORMATION IS CORRECT AND ACCURATE TO•THE BEST OF MY KNOWLEDGE. - SIGNATURE OF PROPERTY OWNER DATE IF THE REPRESENTATIVE IS NOT THE OWNER, FURNISH EVIDENCE OF OWNERS PERMISSION TO PROCEED Wil'Fi THE APPLICATION. FOR OFFICIAL USE ONLY: RECEIVED BY: FEE REQUIRED: RECEIPT #: DATE RECEIVED ACCEPTED AS COMPLETE AMOUNT RECEIVED: CHECK #: Revised 6/27/96 3 EXHIBIT B CHAPTER V REGULATIONS FOR CONSTRUCTION WITHIN THE PUBLIC WAY OF EAGLE COUNTY TABLE OF CONTENTS PART I -GENERAL PROVISIONS CTIO CONTENT PA 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 ....................................... . 5-6 5.06 APPLICATION FOR PERMITS .............................. . 5-8 5.07 COORDINATION WITH EXISTING UTILITIES .................. . 5-8 5.08 PERMIT FEES .......................................... . 5-9 5.09 COLLATERAL FOR FAITHFUL PERFORMANCE ............... 5-11 5.10 PAYMENT OF PERMIT FEES AND COLLATERAL .............. 5-12 5.11 INSURANCE ............................................ 5-13 5.12 APPROVAL OR DISAPPROVAL OF APPLICATION; COMMENCEMENT OF WORK .............................. 5-14 5.13 COMPLIANCE WITH ENGINEERING AND CONSTRUCTION STANDARDS, SPECIFICATIONS, AND DETAILS ............... 5-15 5.14 PERMIT DURATION AND LIMITS ........................... 5-15 5.15 ADDITIONAL PERMITS ................................... 5-16 PART II -DESIGN AND CONSTRUCTION PROVISIONS SECTION CONTENT P AGE 5.36 ENGINEERING AND CONSTRUCTION STANDARDS, SPECIFICATIONS, AND DETAILS ........................... 5-30 5.36.01 NOTIFICATION TO ENGINEER ............................. 5-30 5.36.02 TRAFFIC CONTROL ...................................... 5-30 5.36.03 MINIMUM DEPTH OF COVER .............................. 5-32 5.36.04 BACKFILL .............................................. 5-32 5.36.05 JACKING AND BORING ................................... 5-35 5.36.06 PAVEMENT REMOVAL AND RESTORATION .................. 5-36 5.36.07 WORK SITE IMPROVEMENTS, PROTECTION, AND RESTORATION ......................................... 5-38 5.36.08 ROADWAY CONSTRUCTION .............................. 5-39 5.36.09 DRIVEWAY APPROACHES ................................ 5-39 5.36.10 MISCELLANEOUS PROVISIONS CONCERNING UTILITY INSTALLATIONS ................................. 5-39 5.36.11 STANDARD DETAILS ..................................... 5-41 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. 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 Regulations for Construction Within the Public Way Page 5-1 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 Eagle County Engineer, or his authorized representative. 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. sea., 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 Longitudinallnstallations Longitudinal installations shall mean those installations which are more or less parallel to the public way centerline, and running with the public way. 5.04.11 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 Federa{ Highway Administration, and the latest version of the Colorado Supplement to said Manual as prepared by the State Department of Transportation. Regulations for Construction within the Public Way Page 5-3 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 responsibility and obligation for maintenance and control thereof. 5.04.18 Regulations Regulations shall mean the Regulations for Construction Within the Public Way of Eagle County as set forth in Chapter 5 of the Eagle County Land Use Regulations. 5.04.19 Special Conditions 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. 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 byway of example only, the Special District Act, Section 32-1-101, et. sea., C.R.S. 5.04.21 Transverse Installations Transverse installations shall mean those installations which cross the public way more or less perpendicularly. Regulations for Construction Within the Public Way Page 5-5 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 spec cations 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. 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 occurred. 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 z required. Regulations for Construction Within the Public Way Page 5-7 and/or facilities, and request "locations" prior to commencement of any excavation. 5.08 PERMIT FEES 5.08.01 A permit fee shall be required prior to 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, Longitudinal $150.00 Base Fee Installations of fifty (50) lineal feet or less, and all installations by plowing Each additional transverse installation Add $50.00 to at one location (applies to water and the base fee sewer only) Longitudinal installations in excess of $150.00 base fee fifty (50) lineal feet When the depth of excavation is Add $0.06 per lineal four (4) feet or less foot of excavation in excess of fifty (50) feet When the depth of excavation is Add $0.09 per lineal in excess of four (4) feet 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. Regulations for Construction Within the Public Way Page 5-9 checking of the work performed in the public way. Permit fees may be partially refundable after permit issuance when the proposed construction is canceled 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 reinspection 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, certificate of deposit issued by a bank within the State of Colorado, or surety bond as approved by the County Attorney. Facilities already collateralized by a Subdivision Improvements Agreement 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 dollars ($100.00), 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 dollar ($1.00) per lineal foot of the excess will be added to the above mentioned base amount. 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 dollars ($250.00) when the driving surface within the affected roadway prism is graveled and two thousand dollars ($2,000.00) 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 Regulations for Construction Within the Public Way Page 5-11 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; 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 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 occurrence, and (2) the sum of six hundred thousand dollars ($600,000.00) for an injury to two or more persons in any single occurrence. All other insurance required Regulations for Construction Within the Public Way Page 5-13 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. 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. sea. 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. Regulations for Construction Within the Public Way Page 5-15 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. 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. The Engineer shall be notified in advance of actions taken. Regulations for Construction Within the Public Way Page 5-17 roadway is such that it is scheduled to be reconstructed or resurfaced within two (2) years of the time of application. Note: 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 paved public roadway is authorized it shall be noted 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. 5.21 INSPECTION 5.21.01 Inspections will generally be performed on a spot 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. sea• of these Regulations. Any other inspection requirements will be noted on the permit(s) issued pursuant to these Regulations. Regulations for Construction W/thin the Public Way Page 5-19 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 the Engineer 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 PER10D 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, 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. Such correction may be subject to an additional one year warranty period as determined by the Engineer. 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. Work site must be clear of snow or other visual obstructions so as to allow for the Engineer's conditional approval. Work sites not complying will delay the commencement of the warranty period. 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 reinspection of the work site for conditional approval shall`be arranged at that time. Regulations for Construction Within the Public Way page 5-21 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 to 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 this installation or the facilities constructed under a permit issued in accordance with these Regulations. 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 reseeding, 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 operations on the installed facility, not permitted under 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 5.11 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 construction zone traffic control in accordance with the MUTCD, while performing said maintenance, repair, alteration, or removal operations within the public way. Regulations for Construction Within the Public Way Page r23 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. 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, in accordance with the procedures contained in Section 1.17 of the Eagle County Land Use Regulations, to the Board of County Commissioners. The written 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 Regulations for Construction Within the Public Way Page 5-25 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 noway 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, its 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, its officers, employees, and agents. Regulations for Construction Within the Public Way Page 5-27 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, heirs, and assigns. Regulations for Construction Within the Public Way Page 5-29 5. The applicant will notify the Sheriffs 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 finro lanes, one in each direction clearly defined, at all times when flagmen are not present and functioning in their intended capacity. C. Road Closure: 1. Advance authorization of the Board of County Commissioners and advance notification to the Sheriffs 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 perform 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 as well. 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) Regulations for Construction within the Public Way Page 5-31. ~ ~ I Transportation Class I Structure Backfill within the roadway prism, except that the last twelve (12) inches shall be backfilled with Colorado State Department of Transportation Class E 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. For example, when a jumping jack is being used for compaction of Colorado Department of Transportation Class 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 percent to 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. Regulations for Construction Within the Public Way Page 5-33 ~ r 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 shalt 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. Tunneling: Tunneling shall not be allowed. E. Minimum Burial Depth: Minimum burial depth as specified in Section 5.36.03 above shall apply. Regulations for Construction Within the Public Way Page 5-35 . 5. Bituminous Joint Seal: Flex-a-Fill, or approved equal. D. Execution: 1. 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 ('/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. 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. Regulations for Construction Within the Public Way Page 5-37 (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 authorized under the permit. 6. Products: 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. Regulations for Construction Within the Public Way Page 5-39 =I U F- O O, W~ Z EXISTING J GROUND w) ~~ z \ ~~ U ~`~~ N Z 3 Z Q O Q a N J a ~ ~ 3 a ~ ~' z z O O U O W -~ W W J W ~ J 0 Q O > O Q 0 0 ~ ~ W ~ ~ _ N ~ F- Z p W O W p J} wl3 lL p W O W p a ~ z °a ~ ~ n- Q W U~ W W Q EXISTING .- GROUND ~~ .. ~~ >a:., ~ ~ ~;:;:::~ THE ROADWAY PRISM IS THE 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 D ARTMENT OF PUBLIC WORKS ROADWAY PRISM DETAIL ~ 0 5.36.11-I CGUNTY EIrG P' Ib~Bb DATE DRAWN pj^/'" REVISED SHEET I OF I .'~ ^' 3~~ MIN. C. D.O. H. HOT PLANT MIX BIT. PAVEMENT -GRADING C, D or E PLACED IN I - I/2~~ LIFTS. EXISTING PAVED! t2.. DRIVING SURFACE MIN ~~~ EXISTING ~ BASE COURSE NOTES I. EXISTING PAVEMENT SHALL 8E CUT PRIOR TO EXCAVATION. 2 EXISTING PAVEMENT SHALL 8E 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. i ~~ ~ r.r 4 .~ . ~=.• •fS .a.~• .• 'i y- '' ~~ =~- ~: '~~: ::, ':• . -. ~~ 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 A.•I ~~ s ~~.~.. ~ T =1• ~- j. ~ / ~~r • ~ ,r ~• ~ :~ ~- ~ •~ . . ~~ V -- G _ s. -.: _~ ~-. < ~_ = "- +.~~' GRANULAR BACKFILL MATERIAL, AS REQUIREI COMPACTED• IN LIFTS TC AT LEAST 95 %~ OF Mt DENSITY AT OPTIMUM MOISTURE CONTENT. BEDDING PER UTILITY OPERATOR/MAINTAINER ~ '`~`1 SPECIFICATIONS. ~ UTILITY OR INSTALLATION '~ WITHIN ROADWAY PRISM NOT TO SCA EAGLE COUNTY RKS EXCAVATION BACKFILL DE ARTMENT OF PUBLIC WO AND RESTOR AT10N . `p IF Bye . RED/ISED -~ „•;'~ ='`G~t:EER JAT~ BRAWN ~`~~ _~ .~ _ ~, .~~ ,~. 'fie-~i. '~~ f i A .. =~ ~ .= t - Ia ' • ~• ~ - -~ - - .,~.;_ STANDAR DETAIL 5.36.11- SHE=- I OF