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HomeMy WebLinkAbout057 - 11/24/1965 - RELATING TO STREETS, SIDEWALKS AND OTHER PUBLIC AREAS IN THE CITY ORDINANCE NO — 1965, BEING AN ORDINANCE RELATING TO STREETS, SIDEWALKS AND OTHER PUBLIC AREAS IN THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS ARTICLE I - EXCAVATIONS Section 1 It shall be unlawful for any person, firm, or corporation, other than a duly authorized City official or employee, 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 Section 2 Permits under this article shall be of two types Permits for a single excavation (hereinafter referred to as Type I permits) and blanket permits to cover all minor excavations during a calendar year (hereinafter referred to as Type II permits) Excavations on major through streets, exca- vations that will close any street, or excavations that necessitate breaking of more than one hundred (100) square feet of pavement shall be considered major excavations and shall require a Type I permit Section 3 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 For a Type I permit the appli- cation 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 e g The estimated time schedule including the dates pave- ment will be broken date excavation will be backfilled, and the date of final repair h All streets and abutting property addresses which will be affected by the excavation For a Type II permit the application shall give the following information a The applicant s name, address and telephone number b The date of the application c Such other information as is required by the Director of Public Works Every applicant shall agree in making application for a permit to be bound by all of the provisions of this ordinance Application for a Type I permit shall be accompanied by a set of plans drawn to a minimum scale of one inch (1 ) to two hundred feet (200 ) showing in detail the location, size and kind of instal- lation for the excavation Section 4 A fee of $5 00 shall accompany each application for each Type I permit to cover the cost of administration and inspection For a Type II permit an administration fee of $10 00 shall accompany the application and in addition the permit holder shall within thirty (30) days after completion of the work on each excavation pay an inspection fee of $ 50 for each scheduled excavation and $2 50 for each unscheduled excavation Scheduled excavations shall be those which the Department of Public Works is notified of on a form to be supplied by the City at least three (3) days in advance of the work Such notice shall give the location, size and time schedule for the work Holders of Type II permits shall report all excavations not previously reported to the Director of Public Works on a form to be supplied by the City within five (5) days after the work has begun Other than as set forth herein, there shall be no additional fee for the permit If the permit is denied, the fee shall not be refunded Section 5 In addition to the above, every applicant for an excava- tion 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 -2- 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 excavation Or, in lieu of a bond the applicant may make a cash deposit 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 For a Type I permit such bond shall be in the amount of one hundred per cent (1007) of the amount the Director of Public Works estimates will be the cost of restoring the street opening or $200 00, whichever is greater For a Type II permit, such bond shall be in the amount determined by the applicant but therpermit shall only authorize the holder thereof to have open at any one time only such excavations as can be repaired at the cost of the amount of the bond as determined by the Director of Public Works b File with the City an acceptable certificate of insur- ance, insuring against all claims for damages which may arise from or out of the performance of work under the permit Section 6 Anyone making excavation by virtue of a permit issued under this ordinance shall do work in such manner as to avoid unnecessary incon- venience and annoyance to the general public and to occupants of neighboring property In particular, the following requirements shall be followed a Occupants of neighboring properties shall be notified at least twenty-four (24) hours in advance of the work to be done Such notice shall include the estimated time schedule and the extent of the work Written notice shall also be given to all utility companies that may be affected, including but not limited to telephone, electrical, water and gas companies b Noise, dust and debris shall be kept to as low a level as practicable c Excavated material shall be stored in neat compact piles and not allowed to be scattered by wind, rain, traffic or other means d Private driveways shall be kept open whenever possible If driveways must be closed, they shall be closed at the time most convenient to the users thereof and for as short a time as possible e No more than 600 lineal feet of trench shall be open at one time without written permission from the Director of Public Works -3- f When traffic or other conditions warrant, the Director of Public Works may require that the work be accomplished during slack hours or at particular times or that the work proceed on a 24-hour per day basis, or he may require other appropriate measures All such requirements shall be complied with g No excavations shall be made entirely across a street or across so much of a street that traffic cannot move on said street without written permission from the Director of Public Works Such permission may impose additional requirements and in such case such requirements shall be followed Section 7 Whenever any person under authority of this ordinance 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 property safeguarded by sub- stantial barricades and between dusk and daylight with adequate warning lights or flares placed around the obstruction, excavation or alteration In all instances, fire hydrants shall be kept clear of all building material, dirt and rubbish with clear and adequate 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 monuments 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 8 All permit holders shall adequately backfill any excavations made under the authority of this ordinance Backfill material shall be free of rubbish, organic matter and stones over nine inches in diameter and shall be sufficiently pulverized to obtain the required density without excessive com- pactive effort Backfill being placed in any trench shall be compacted in layers not exceeding six inches in compacted thickness and to 907 of maximum density as determined by the Standard Proctor Test All new facilities installed and all existing facilities uncovered shall be surrounded by hand tampered granular -4- material extending at least four inches from such facility or to the limit of the excavation, whichever is closer If necessary, because of weather or soil condition backfill may be stabilized chemically by the addition of lime, cement or other suitable agent thoroughly mixed with the backfill material provided, that in such case, the resulting backfill must be equivalent to backfills com- pacted to the required dentity in the judgment of the Director of Public Works Section 9 Within 48 hours after completion of backfilling, the permit holder shall notify the Department of Public Works and request an inspection The surface of the excavation shall not be replaced until the backfill has been approved on inspection Any defects in the backfill shall be corrected by the permit holder within the time required by the Department of Public Works Upon correction of defects noted, the permit holder shall again request an inspection from the Department of Public Works For each additional inspection, the permit holder shall pay an additional inspection fee of $2 50 Section 10 Upon receiving approval of the backfill from the Department of Public Works, the permit holder shall restore the surface of the excavation in the manner required by this section, or at the option of the permit holder, such work may be done by the City and charged to the permit holder, in which case the permit holder shall reimburse the City for such work within thirty (30) days after it is billed All patches shall have straight and vertical edges and shall cover the total width of the excavation Patches in concrete pavements shall be six inches thick, shall be made from concrete conforming to specifications of the City of Fort Collins and shall be finished to the same surface texture as the adjacent existing concrete The existing concrete shall be saw cut to a depth of 1� inches to assure a straight edge and uniform patch Patches in asphalt pavements shall have a total thickness of eight inches, consisting of six inches of concrete base and two inches of asphalt surfacing The concrete and asphalt shall conform to the specifications of the City of Fort Collins Asphalt surfacing shall be compacted with a five to eight ton steel wheeled roller Permanent asphalt patches shall not be put in during freezing weather -5 Upon completion of the work all surplus earth, rubbish and other materials shall be immediately removed, and the Department of Public Works shall be notified that the job is completed Section 11 In no case shall any permit holder open or remove a greater area of surface or make such removal at a location other than that specified in the permit and application (for a Type I permit) or make any excavation not authorized by the permit In the event it shall be necessary to open or remove a greater area than originally applied for, the applicant shall first notify and obtain the consent of the Director of Public Works, and if required by said Director, file a supplemental application and make an + additional deposit No person shall exceed the time limit specified on the permit without the express consent of the Director of Public Works Section 12 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 permit and he shall be liable therefor Section 13 Every permit holder acting under a permit issued pursuant to this article shall be responsible to anyone for any injury to person or property by reason of the work done under the permit and shall indemnify and hold the City harmless from any expenses, costs, claims or other charges or fees arising out of such work Theipermit holder shall be responsible for adequately protecting the work, the surrounding property and the public and shall adequately safeguard the work regardless of whether any specific requirements in connection with the work are made by the Director of Public Works ARTICLE II - ENCROACHMENTS AND OBSTRUCTIONS Section 14 No encroachment or obstruction whatever, other than pro- vided for by law, or by this ordinance or some other City ordinance, shall be made or placed upon any street, alley or other public place within the City Section 15 Anyrperson desiring to occupy any portion of a street, alley or other public place in connection with the erection, construction, remodeling or demolishing of any building or improvement on property abutting or -6- adjacent thereto shall make written application to the Department of Public Works on a form prepared and provided by the City The application shall give the following informations a The applicant s name, address and telephone number b The street, alley or other public place affected and the amount thereof c The address of the property on which the work is to be done d The reason for blocking the street e The amount of time the permit is needed The applicant shall agree in making the application to be bound by all of the provisions of this ordinance and the rules and regulations of the Department of Public Works A fee of $1f00 shall be charged for each application under this section Section 16 No permit under this article shall be issued for a period of more than ninety (90) days, provided that the Director of Public Works may renew any such permit for additional 90 daysperiods upon written application and payment of a renewal fee of $1 00 Any permit issued under this article may be revoked by the Director of Public Works if the holder thereof violates any of the provisions of this ordinance or the rules and regulations of the Department of Public Works or if the work allowed by the permit unduly inter- feres with pedestrian or vehicular traffic Section 17 Any person applying for a permit under this Article shall file with the City an acceptable corporate surety bond conditioned for the faithful performance of the work in accordance with the rules regulations and ordinances of the City and the terms of the permit and indemnifying and saving harmless the City of Fort Collins against and from any and all damages or claims for damages loss, costs and charges or expenses that may be brought against it by any person for or on account of injury to persons or property resulting from or occasioned by reason of the occupation of the street, alley or public place Section 18 The holder of any permit issued under this Article shall provide whatever fencing the Director of Public Works requires to protect -7- pedestrian and vehicular traffic on the abutting public property If required, the permit holder shall build and maintain a good and substantial protected walkway around the obstruction The permit holder shall adequately light and mark the obstruction so as to protect pedestrian and vehicular traffic Section 19 Any person holding a permit issued under this Article shall take such measures as may be required to insure that adequate drainage is maintained around the obstruction All fire hydrants shall be kept clear of all building materials, rubbish and other obstructions and easy access to such hydrants shall be provided and kept clear at all times Upon completion of the work, the permit holder shall remove all obstructions, materials, debris and rubbish within ten (10) days Section 20 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 permit and he shall be liable therefor ARTICLE III - OCCUPATION OF PARKING SPACES Section 21 No person shall occupy and use any portion of a street used for the parking of automobiles except as provided by law, or by this ordinance or some other City ordinance Section 22 Any person desiring to obtain a permit under this section shall make written application therefor to the Department of Public Works on a form prepared and provided by the City and shall pay a fee of $5 00 The application shall provide the following information a The name, address and telephone number of the applicant b Information regarding the property for which the appli- cation is made, including the use of such property and its address c The use proposed to be made of the parking space and the reason therefor Section 23 The Director of Public Works shall issue such permits on whatever thrms or conditions he deems necessary Any permit issued under this Article may be revoked at any time by the Director of Public Works for any of the following reasons -8- a The use of the space by the permit holder is discontinued rJ� b Upon the request of the permit holder c The use of the space, in any way, unduly interferes with v e hicular or pedestrian traffic in the sole determination of the Director of Public Works Section 24 All permits issued under this Article for loading zones shall expire on December 31 of each year Any permit holder desiring to continue such use of the space shall make application for renewal and pay the fee required by Section 22 of this ordinance within thirty (30) days before the expiration of such permit ARTICLE IV - GENERAL Section 25 It shall be unlawful for any person, persons or corpora- tion to use or occupy any street, alley or public ground for the purpose of moving a building or other structure across or thereon without first having obtained a permit therefor from the Department of Public Works Said permit shall be issued only upon a written application therefor by the person, persons or corporation so desiring to use or occupy the street for moving purposes, and upon a form to be prescribed by the Director of Public Works Any-permit which may be issued under the provisions of this section shall provide expressly that the permit holder agrees to save the City of Fort Collins harmless on account of any damage or injury to the street, alley or public ground so used, and on account of any damage or injury that may be sustained by any person or persons by reason of the use and occupancy of the street by the holder of the permit provided that if the person or corporation employed to move such building or buildings is duly licensed under the provisions of the ordinances of the City of Fort Collins then all permits issued to such licensed persons shall contain the provision that the bond of said licensee shall be held to respond to the City of Fort Collins to save it harmless on account of any damage or injury to the street, alley or public ground so used, and on account of any damage or injury that may be sustained by any person or persons by reason of the use and occupancy of the street by the licensee so obtaining this permit Section 26 It shall be unlawful for any person, persons or corpora- tion to make any excavation or opening under any sidewalk upon any street, alley -9 i or public ground of the City of Fort Collins, for the purpose of installing permanent areaways thereunder, without first obtaining a right so to do from the City Council and no such right or privilege shall be granted by the City Council except upon written application therefor and upon conditions to be prescribed by the City Council respecting the continued occupancy and use of such areaways after the same have been constructed Section 27 Sections 22-1 through 22-29 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958 as amended, are hereby repealed Introduced, considered favorably on first reading and ordered published this 4t° day of November, A D 1965, and to be presented for final passage on the 2411 day of November, A D 1965 �L� Mayor ATTEST 0 City Cle k Passed and adopted on final reading this 24b1 day of November A D 1965 Mayor ATTEST City C1 rk -10-