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HomeMy WebLinkAboutR1975-09 Pubic Ways Regulations • 4 • RESOLUTION OF • THE BOARD OF COUNTY COMMISSIONERS OF THE • COUNTY OF EAGLE AND STATE OF COLORADO SECTION 1. Findings: The Eagle County Board of County Commissioners finds as follows: A. That the public investment in the public ways of Eagle County is a substantial and valuable investment which must be protected for the benefit of the people of the County and of all persons who use or rely upon the public ways of the County for transportation, communication, telephone service, water, utility, and other services, and drainage. B. That work within the public ways must be regulated in the interest of the public health, welfare and safety for the protection of the people of the County and of all persons using or relying upon said public ways. C. That the regulations hereinafter adopted are reasonable and in the best interests of the people of the County and of all persons using or relying upon the public ways of the County. NOW, THEREFORE, BE IT RESOLVED by the Eagle County Board of County 111Commissioners: -".SECTION 2.1. ` Definitions A. "Applicants' shall mean any person who makes application for a permit. B. "County" shall mean Eagle County. C. "Engineer" shall mean the County Engineer of Eagle County, or his authorized representive. D. "Emergency" shall mean any unforseen circumstance or occurrence, the existance of which constitutes a clear and immediate danger to persons or property. E. "Engineering Regulations, Construction Specifications, and Design Standards" shall mean such Engineering Regulations, Construction Specifications and Design Standards as may be adopted by the Board of County Commissioners, and shall, on an interim basis, mean the State"Department of Highways, Division of Highways, State of Colorado Standard Specifications for Road and Bridge construction, adopted January 1, 1971. (2) S F. "Permittee" shall mean and include any natural person, partnership, firm, association, public utility company, corporation, Company, special district or organization of any kind. H. "Public Utility Company" shall mean any company subject to the jurisdiction of the State Public Utilities Commission, or any mutual non-profit corporation providing gas, electricity, water, telephone, or other utility productt:or services for use by the general public, but shall not include "special districts". I. "Special District". shall mean any school district, rural irrigation company or other quasi-municipal entity organized under the laws of the State of Colorado, such as those which are the subject of Title 32, Colorado Revised Statutes of 1973. J. "Public Way" shall mean and include all public rights-of-way and easements; public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways and utility easements. It shall not, however, include utility easements on private property not within other public ways of the County as otherwise defined herein. A public Way shall be considered under this Resolution when recorded by subdivision plat, A Deed of Title, or by common. usage sufficient to establish a prescriptive right. K. "Work Site Restoration" shall mean and include the restoring of the original ground or paved surface to the same (or better) condition than the condition which existed before construction commenced, and shall include but not be limited to repairs, clean-up, backfilling, paving, re-seeding and other work necessary to 41) place the site in acceptable condition following the conclusion of the work. (3) 411 SECTION 3. Construction of Resolution A. As used herein, the singular shall include the plural and the masculine "hall include the feminine and neuter. B. This Resolution shall be liberally construed, so as to effect the intention hereof to protect and preserve the public ways of the County for the uses thereof, and for the protection of the people of Eagle County and of all persons using or relying upon the public ways of the County. SECTION 4. Unlawful to work in Public Way Without Permit and Compliance. It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a permit for the performance of such work, and unless such work shall be performed in conformity with the terms and provisions of this Resolution and of the permit or permits issued hereunder, except as hereinafter specifically provided. • SECTION 5. Applications for Permits. Each and every person desiring to perform any work of any kind described in Section 4 above made subject to regulation by this "resolution, in a public way within this County shall make application for a permit. Such application shall be filled with the Engineer on a form to be furnished by the Engineer. When necessary in the judgment of the Engineer to fully determine the relation- ship of work proposed, to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the Engineering Regulations, Construction Specifications and Design Standards, the Engineer may require the filing of Engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both; and the application shall be deemed suspended until such plans and sketches are filed. SECTION 6. Commencement of Work - Approval or Disapproval of Application. A. No work shall be commenced until the Engineer has approved the application and until a permit has been issued for such work, except as specifically provided to the contrary in this Resolution. (4) • B. Within Three working days of the filing of any application, the Engineer shall approve or disapprove the same, stating in writing the reasons for his disapproval, if the application be disapproved; however, that the time for approval or disapproval may- be extended by the Engineer if necessary in his judgment to allow the checking of plans, sketches and specifications submitted, but no such extension of time for approval .or disapproval shall exceed thirty days from the date of filing of required plans, sketches and specifications. The time during which an application is suspended awaiting the filing of plans, sketches or specifications, shall not be included in the computation of time hereunder. C. A permit shall be issued on approval of an application by the Engineer. D. The disapproval of an application by the Engineer may be appealed by the applicant to the Board of County Commissioners by the filing of a written Notice of Appeal within ten days of the action of the Engineer. The Board of County Commissioners shall hear such Appeal, if written request therefor be timely filed, as soon as practicable and render their decision within a reasonable time following Notice of such Appeal. E. In approving or disapproving work within the public way; or permits therefor in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him by this Resolution, the Engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, perservation or protection of the public way or the use thereof. SECTION 7. Connections with Special Districts; and Notices to Owners Abutting and Adjoining. A. Applications for work connecting to a special district property must be approved by the special district involved, as well as by the Engineer. B. If the work to be undertaken by the permittee will affect the use of properties abutting or adjoining the project, the permittee shall notify the affected property owners and tenants of the proposed work to be done. C. If the work to be undertaken by a permittee will affect other sub-surface installations in the vicinity of the proposed opening, the permittee shall notify the owners of such facilities of the proposed work and shall obtain theft signature on the permit form. No application shall be accepted by the Engineer until the applicable signatures have been obtained. • SECTION 8. Additional Permits Required. III The applicant shall be required to obtain all necessary permits from other governing (5) agencies, including but not necessarily' limited to, Industrial Comm Industrial Commission of Colorado Colorado Water Quality Control Commission Colorado State Highway Department Issuance of a permit by the county shall in no way be interperted as relieving the applicant from this requirement. SECTION 9. Permit Fees. A fee of Two ($2.00) Dollars shall be required for each permit issued, except that annual permits may be obtained for a fee of One Hundred ($100.00) Dollars. Said fees shall be placed in the Road and Bridge Fund of the County and used to offset the cost of administering this Resolution. SECTION 10. Work Under Annual Permits. A. It shall be unlawful for the holder of any annual permit to commence or undertake any work in the public way on any job or separate undertaking not previously approved by the Engineer. B. The holder of an annual permit shall in advance give written notice to the Engineer of each job or separate undertaking which the permittee desires to undertake in he public way within the County, and shall furnish to the Engineer such plans, sketches Ilir specifications, or all of them, as the Engineer may find necessary to fully determine the relationship of the work proposed to be performed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the Engineering Regulations, Construction Specifications and Design Standards of the County. C. Each such notice shall advise the Engineer of the nature of the work to be performed, the time within which the work is to be performed, and the place of work. D. Within three working days of the giving of such notice, the Engineer shall approve or disapprove the doing of such work under such permit, and shall state the time within which the work shall be performed, if approval is granted. E. Such work, if approved, shall be performed at the.place and during the time approved by the Engineer; and the time may be extended by the Engineer for good cause shown, or extension of time may be refused by the Engineer if the work has not been satisfactorily performed. (6) F. The time withiich the work must be approved disapproved by the Engineer shall be extended until the filing of such plans or sketches or specifications as may be required by the Engineer hereunder; and the Engineer may further extend such • period of time for approval or disapproval, if necessary in the judgment of the Engineer to allow the checking. of plans and specifications submitted, but no such extension of time for approval or disapproval shall exceed thirty days from the date of filing of ._• required plans, sketches and specifications. SECTION 11. Additional Char„es. Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection, and worksite restoration associated with each undertaking may be charged by the County to each permittee, in addition to the permit fee, in accordance with a schedule of charges prepared by the Engineer. • • Permittees required to pay such charges hereunder shall, at the time of application for permit, and before issuance thereof, or in the case of the holder of an annual permit at the time of giving notice of work to be performed, pay an estimated amount to cover expected costs of engineering review and inspection and worksite restoration which charges shall be computed according to a schedule of charges promulgated by the Engineer and approved by the Board of County Commissioners, which schedule of charges shall be kept on file in the office of the Engineer and shall be open to public inspection during office hours. No permit shall be issued (other than annual permits) and no work shall be performed under any permit for which such charges have not been paid by the permittee. In the event that the actual cost of the engineering review and inspection work erformed by or at the cost of the County, and the actual cost of. restoration, shall 1111 xceed the amount paid by the permittee, in advance on an estimated basis, by more than Twenty-Five ($25.00) Dollars, the permittee shall be liable for the difference between such actual costs and the amount paid by him, which shall be billed to the permittee by the County at the conclusion of the work or from time as the work proceeds: and in the event of nonpayment of all or part thereof, the balance due may be collected by the County Attorney by legal action, or may be referred by the County Attorney for collection, as may be deemed appropriate by the County Attorney. In the event of non- payment, the permittee shall not be entitled to receive further permits from the County or to perform further work within the County public ways. In the event that the amount of such engineering review and inspection and restoration charges. paid_by the permittee on an estimated basis as aforesaid shall exceed the actual cost of such work by more than Twenty-Five ($25.00) Dollars, the difference between the amount paid and the actual cost shall be repaid to the permittee by the County at the conclusion of the work. SECTION 12. Payments to County Treasurer. All amounts to be paid by the permittee .shall be paid to the County Treasurer. (7) 110 SECTION 13; Permit Duration and Limits. Each permit application shall state the starting date and estimated completion date. The permit shall be valid for the time period specified. If the work is not completed during such period, the permittee may apply to the Engineer for an additional permit or an extension, which may be granted by the Engineer of the requirements of this Resolution are satisfied. Sp additional permit or extension may be refused by the Engineer if the Engineer finds that work under the original permit, or as extended, has not been satisfactorily performed. SECTION 14. Assignment of Permits. Permits shall not be transferable or assignable, and work shall not be performed under a permit, in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracing the work to be performed under a permit; provided, however that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this Resolution under said permit. SECTION 15. Permit or Permit Number on Job Site. Either a copy of the permit, or the permit number, or both, shall be kept on the job site at all times as work is in progress. SECTION 16. Compliance with Engineering Regulations, Design, Standards and Construction Specifications. •ll work performed in the public way shall in all resp.ects conform to the requirements of the Engineering Regulations Design Standards and Construction Specifications of the County. SECTION 17. Emer&ency Work. Any person maintaining pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately, provided a permit could not reasonably and practicably have been obtaine<< beforehand. Any person commencing emergency work in the public way without a permit shall immediately thereafter apply for a permit or give notice on the first regular business day on which County offices are open for business after such work is commenced, and a permit may be issued which shall be retroactivettothe date when the work has begun, in the discretion of the Engineer. • (8) 1110 S SECTION 18. Suspension or Revocation of Permits, and Stop Orders. Any permit may be revoked or suspended by the Engineer, after notice to the permittee for A. Violation of any condition of the permit or of any provisions of the resolution; B. Violation of any other provision of any other resolution of the County or • law relating to the work; C. Existence of any condition or the doing of any act which does constitute or may constitute or acuse a condition endangering life or property. A suspension or revocation by the Engineer, and a stop order, shall take effect immediately upon thereof by the Engineer and notice to the person performing the work in the public way. A stop order may be issued by the Engineer directed to any person or persons doing or causing any work to be done in the public way without a permit, or in violation of any provision or provisions of this resolution, or whenever, the Engineer shall suspend or revoke a permit.. Any suspension or revocation or stop order by the Engineer may be appealed by the Permittee to the Board of County Commissioners, by filing a written notice of appeal within ten days of the action of the Engineer. The Board of County Commissioners shall hear such appeal, if written request therefore be timely filed, as soon as practicable, and render their decision within a reasonable time following filing of notice of appeal. • SECTION 19. State Highway Permits. Holders of permits for. work in the public way within the Boundaries of the County, issued by the State Highway Department of the State of Colorado shall not be required to obtain permits from the County under the provisions of the resolution; not shall any County permit be construed to permit or allow work in a State Highway within the County without a State permit. SECTION 20. Bond. The Engineer may require the applicant for a permit here- under to provide the County with a corporate surety bond or cash deposit not to exceed 10% the estimated cost of the work to be performed, to guarantee faithful performance of the conditions imposed by permit granted pursuant to this resolution. The amount of the bond or cash deposit required may be increased in the discretion of the Engineer whenever it shall appear that the amount and cost of the work to be per- formed may exceed the amount estimated at the time of issuance of the permit here:, under. The term of the bond shall run coincident with the term of the applicant's permit or annual permit and may continue from year to year by delivery of continuation certificate signed by Attorney in Fact under the seal of the surety.Public Utilities may submit a corporate bond, without sureties. • • (9) • SECTION 21. Defaul in Performance. Whenever the ngineer shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and the surety on the bond if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Engineer to be reasonably necessary for the completion of the work. In the event that the surety ( or principal), within a reasonabetime following the giving of such notice '(taking into consideration the �,. -' exigencies of the situation, the nature of the work, and the requirements of public safety and for the protection of persons and property), shall fail either to commence and cause the required work to be performed with due diligence, or to indemnify the County for the cost of doing the work, as set forth in the notice, the County may perform the work, at the discretion of the Engineer, with County forces or contract forces or both, and suit may be commenced by the County Attorney against the cone. tractor and bonding company and such other persons as may be liable, to recover the entire amount due to ;the County on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any. SECTION 22. Insurance. Before being issued the permit, each applicant shall provide the County with a certificate of insurance in form acceptable to the Engineer indicating that the applicant is insured against claims for damages for personal injury and for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor., or anyone directly or indirectly employed by him. The insurance required shall cover (but such coverage shall not be limited to) Workmen's Compensation Insurance; and motor vehicle liability , insurance, collapse, explosive hazards and under-ground work, and shall include protection against liability arising from completed operations. Exclusions of explosive hazards, collapse or liability from under-ground operations may be approved by the Engineer, in his discretion, but such exclusions must be clearly specified on ;the certificate or certificates of insurance furnished to the County. The Engineer shall prescribe the amounts of insurance required; provided, how- ever, that such insurance shall not be less than that requi;ed for the performance of such work licenced contractors under the Building Code of the County. A public utility company may be relieved of the obligation of submitting certificates of insurance if it shall submit satisfactory evidence in advance that it is insured, or has adequate assets and provisions for self-insurance. A letter • (10) signed by the President of the Company will meet this requirement. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit. SECTION 23. Maintenance of Improvements. The permittee shall maintain the islinstallation 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, alteration, removal, of the installation of the facilities constructed under a permit issued in accordance with this resolution. SECTION 24. Relocation as a Result of Maintenance or Reconstruction of Public Facilities. The permittee shall be responsible for shutting of lines and removing all combustable materials within the public way and/or removing and relocating any facilities constructed under a permit issued inaccordance with this resolution and shall do so at his expense upon written request from the Engineer. SECTION 25. Opening New Streets. If by approval of the Engineer, a permit is issued to open any newly Ray. d, or rebuilt road sur1,ce less than five(5) years old, restoration work may be required to be performed to higher engineering standards than those ordinarily required, so that the quality of restoration shall be and remain in conformity with the quality of the surface generally, and all charges to be paid by the permittee in connection with engineering, inspection and restoration of the surface shall be charged accordingly to the permittee even though higher than the rates normally set forth in the schedule or charges maintained by the Engineer. SECTION 26. Listing of Facilities in Public Ways. A. Every person, owning, using, controlling or having an interest in pipes, conduits, ducts, or other facilities within any public way, shall upon request by the Engineer, file with the Engineer within 120 days after the date of such request, a large map or a written statement identifying the public ways wherein the aforementioned facilities owned by such person 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 person to whom such request shall show to the Engineer that all or part of the information requested is not available to or within the control of the person to whom such request is directed. B. Within ninety (90) days after the first day of January of each and every year following the making of such request, such person, without further request, shall notify the Engineer in writing of any changes necessary to maintain the listing in • (4111 required in Subsection A a ye. 4 SECTION 27. Abandoned Facilities. A. Whenever any pipe, conduit, duct, tunnel, or other structure or portion thereof located within any public way, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within thirty (30) days after such abandonment, file with the Engineer, a statement in writing giving in detail the location of the structure so abandoned. B. The owner of any abandoned facility within a public way may be required to remove or make alterations in the same by the Engineer, if such removal or alterations become necessary in the judgement of the Engineer to permit work or improvements within the public way, or if the abandoned facilities or any part thereof shall constitute a nuisance or hazard to the public health, safety and welfare, the Engineer shall notify the owner of the requirement for alteration or removal, and shall set a reasonable time for such alteration or removal, taking into consideration the nature of the nuisnace or hazard, if any, the requirements of the public health, safety, and welfare, and the time required to accomplish such alteration or removal. If the owner shall fail or refuse to remove or alter such facilities according to the terms of the notice, or to commence such alteration or removal within a reason- able time following the giving of such notice, then the County may remove or alter the abandoned facilities or cause the same to be removed or altered, and the owner shall reimburse the County for the cost of such removal or alteration. c. If the owner shall fail to reimburse the County for the costs of such • removal or alteration, the owner shall not be eligible to receive any further permits or approval to work in the public way under any permit from the County, or to conduct any work within the public way within the County, and the County Attorney may commence action against the owner for the cost of removal or alteration of the abandoned facilities, or refer the same for collection, in the discretion,`, of the County Attorney. SECTION 28. Hold Harmless. The permittee shall agree to 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 said permit. The acceptance of any permit under this resolution shall constitute such an agreement by the permittee whether the same is expressed or not. SECTION 29. Liability of County. This resolution shall hot be construed as imposing upon the County or any official or employee any liability -or .responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this resolution; nor shall the County or any offical or employee thereof be deemed to have assumed any - • \aa� I su .. , liability or responsib ty by reason of inspections atrized hereunder, the issuance of any permit or the approval of any work. SECTION 30. Penalties. It shall be unlawful for any person to violate the terms of this resolution, or of any lawful orders or regulations issued incident thereto, including, but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator IP/appropriate civil proceedings and/or criminal proceedings under CRS, 1973, 43-5-301, as amended.. SECTION.'31. Severability. If for any reason any one or more sections, sentences, clauses or parts of this resolution are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this resolution, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this resolution held invalid, and the invalidity of any section, *entente, clause or part of this resolution or in any one or more instances, shall not affect or prejudice in any way the validity of the remaining provisions hereof, or in any other instance. • SECTION 32. Emergency. This resolution is necessary for the immediate preservation of the public health and safety, and an emergency exists by reason of the fact that the immediate enactment of this resolution is necessary to protect the public investment in the public ways of the County; and to protect and preserve from harmmor injury all persons using or traveling upon the public ways of the County •therefore, this resolution shall take effect five (5) days after final publication. READ, CONSIDERED, PASSED AND APPROVED this 26th day of June A.D. 1975. 'Board of County Commissioners of Eagle County , State of Colorado BY ci-,L ,t s �‘ , Oar lairman , Board f County Commissioners By ,,,i/ ft, (14.24tf/7 Co missioner By \J` r ����� �� ✓' • �*. - Commissioner =.ATTEST = (���X f. (11 :4' r Maas e 1( x•z Clerk to tY-ise/azA�ie oard • .'• ...