HomeMy WebLinkAboutR96-122 amending LUR"s Appendix and Chapter V/..~/~~
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Coaunissioner ~+ O'er-- ~ moved adoption
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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
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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
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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
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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.
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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
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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
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DETAIL
5.36.11-
SHE=- I OF