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HomeMy WebLinkAbout126 - 10/07/1980 - AMENDING CHAPTER 95, ARTICLE I OF THE CITY CODE RELATING TO EXCAVATION PERMITS r r10 ORDINANCE NO 126 , 1980 OF THE COUNCIL OF THE COY OF FORT COLLINS BEING AN ORDINANCE APPENDING CHAPTER 95, ARTICLE I OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO EXCAVATION PERMITS WHEREAS, Chapter 95, Article I of the Code of the City of Fort Collins makes provision for the issuance of certain "blanket" permits for excava- tions in or under the surface or pavement of any street, alley, sidewalk or other public place within the limits of the City of Fort Collins, and WHEREAS, the issuance of such "blanket" permits renders the Department of Public Works incapable of monitoring excavations made pursuant to such permits without great difficulty, and WHEREAS, the interests of the people of the City of Fort Collins would best be served by the careful monitoring and supervision by the Department of Public Works of all such excavations, and WHEREAS, in order to expedite such supervision it is necessary that said Chapter 95, Article I, be amended to exclude provisions pertaining to "blanket" excavation permits NO',, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 95, Article I of the Code of the City of Fort Collins be, and it hereby is, amended as follows Section 1 That Section 95-1 of the Code of the City of Fort Collins be, and it hereby is, amended to read as follows "§95-1.- Permit required, exception- in case of emergency It shall be unlawful for any person, firm or corpora- tion to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk or other public place within the limits of the City of Fort Collins, without first having — obtained and having in force a permit therefor, provided, however, that in case of actual emergency it shall be lawful to make such excavation without a permit in order to repair utilities if a present danger to life or property exists, upon condition that the Engineering Inspector be notified of any such emergency excavation within twenty-four (24) hours of the commencement of work thereon " Section 2 That Section 95-3 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§95-3 Application for permit contents and conditions A Any person desiring to obtain a permit for such excava- tions shall make written application therefor to the _ Director of Public Works on the form prepared and provided by the City (I) The excavation permit application shall give the following information (a) The permit number (b) The applicant's name, address and telephone number (c) The date of the application (d) The location, size, width, length and depth of the proposed excavation (e) The type of pavement to be cut (f) The purpose of the excavation (g) 1he. estimated time- schedule, including the dates the pavement will be broken, the date the excavation will be backfilled with temporary asphalt surface and the date of final repair (h) All streets and abutting property addresses which will be affected by the excavation ( i) The signature of the applicant B Every applicant shall agree in making application for a permit to be bound by all of the provisions of this Article Application for an excavation permit shall , if required by the Director of Public Works, be accom- panied by a set of plans drawn to a minimum scale of one ( 1 ) inch to two hundred (200) feet showing in detail the location, size and kind of installation for the excavation " Section 3 That Section 95-4 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§95-4 Fees for permits and inspections -2- A fee of five dollars ($5 ) shall accompany each application for an excavation permit to cover the cost of administration and inspection If the permit is denied, the fee shall not be refunoed " Section 4 That Section 95-5 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§95-5 Requirements for applicants, bond and insurance In addition to the above, every applicant for an excavation permit shall meet the following requirements A File with the city an acceptable corporate surety bond conditioned for the faithful performance of the work covered by the permit within the time allowed by the permit in accordance with the rules, regulations and ordinances of the city, for the cost of restoration of any street, alley, sidewalk or other public place in which an excavation may be made under the permit to its original condition and to the satisfaction of the Director of Public Works, for the cost of maintenance of such condition for a reasonable length of time as shall be required by the Director of Public Works, and for the payment of all fees, costs and charges of the city in connection with the e cavation In lieu of a bond, the applicant may make a cash deposit or other guarantee acceptable to the Director of Public Works, in the appropriate amount, which deposit shall be held subject to the same conditions as a bond Such bond shall be in full force and effect for a period of one (1 ) year after the permit expires Such bond shall be in the amount of one hundred percent (100%) of the amount the Director of Public Works estimates will be the cost of restoring the street opening or Two Hundred Dollars ($200 ) , whichever is greater " B File with the city an acceptable certificate of insurance, insuring against all claims for damages which may arise from or out of the performance of work under the permit " Section 5 That Section 95-6 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition thereto of a new subsection "H" to read as follows "H The Engineering Inspector' s Office shall be notified of the excavation the morning of the day during which the excavation is to be commenced Upon such notifica- -3- tion, the Engineering Inspector shall conduct soil samples and Standard Proctor tests as defined by ASTM D698 as he deems appropriate for the purpose of ana- lyzing compaction upon completion " Section 6 That Section 95-7 of the Code of the City of Fort Coll ns be, and the same hereby is, amended to read as follows "§95-7 Safety and protective requirements Whenever any person, under authority of this Article or otherwise, shall place any obstruction in any street , alley, sidewalk or other place, or make any excavation therein or alteration thereto, such person shall keep such obstruction, excavation or alteration properly safeguarded by substantial barricades, and between dusk and daylight adequate warning lights or flares shall be placed around the obstruction, excavation or alteration in accordance with Fort Collins Wort. Area Traffic Control Handbook In all instances, fire hydrants shall be kept clear of all building material , dirt and rubbish, with clear and ade- quate access to such hydrant from the roadway Existing gutters and other drainage courses shall be kept open so as to allow adequate drainage All excavations shall be made in such a way as to protect any existing surveying monu- ments and existing utilities, The Director of Public- Works shall have authority to specify protective measures and minimum clearances regarding existing utilities, and any such specifications shall be followed Sufficient shoring of excavations shall be provided whenever needed or whenever deemed necessary by the Director of Public Works Section 7 That Section 95-12 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§95-12 Permittee liable in case of nonconformance, Penalties In the event any permit holder fails to do anything required of him hereunder, the Department of Public Works may cause the same to be done and the cost of the same shall be charged to the holder of the excavation permit and he shall be liable therefor The Department of Public Works shall notify the permittee of any defects in any excavation made pursuant to the provisions of this Chapter and, if action to correct such defect is not taken within twenty-four (24) hours of notification thereof, the Department of Public Works may take action on the performance bond, correct any such defects, and deny issuance of any additional permits until another bond has been filed pursuant to the provisions of Section 95-5 " -4- Section 8 That Section 95-2 of the Code of the City of Fort Collins be, and the same hereby is, deleted and the following sections of Chapter 95, Article I be, and they hereby are, renumbered appropriately Introduced, considered favorably on first reading, and ordered pub- lished this 16th day of SeDtaimbbe , A D 1980, and to be presented for da final passage on the 7th y of October 1980 Mayor ATTEST (� City Clerk Passed and adopted on final reading this 7th day of October , 1980 Mayor ATTEST %WL�'&A�L City Clerl, -5-