HomeMy WebLinkAbout2022 Ordinance No. 0061
BY AUTHORITY
ORDINANCE NO. 06 COUNCIL BILL NO. 08
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE 11, CHAPTER 7, SECTION 11-7-
17(C) OF ENGLEWOOD MUNICIPAL CODE REGARDING
AUTHORIZED HOURS OF CONSTRUCTION IN CITY RIGHT OF WAY.
WHEREAS, Englewood Municipal Code (“EMC”) 6-2-5(E) limits construction activities
in residential and commercial areas to the hours of 7 a.m. to 7 p.m.; and
WHEREAS, EMC 11-7-17(C) provides different hours for construction activities within
City right of way, authorized from 6 a.m. to 9 p.m.; and
WHEREAS, in order to improve consistency within the City’s regulation of construction
activities, City Council desires to amend EMC 11-7-17(C) to provide for the same authorized hours
of construction as EMC 6-2-5(E).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 11, Chapter 7, Section 11-7-17 of Englewood Municipal Code is hereby amended to read as
follows (new provisions in bold/italics, deleted provisions struck through):
11-7-17: Minimizing the Impacts of Work in the Rights-of-Way.
A. Notification Association. Before placing any facilities in the City right-of-way all entities
shall become a member of the Utility Notification Center of Colorado (UNCC), and shall
comply with all requirements provided in C.R.S. § 9-1.5 et seq. In addition, all entities are
responsible for making inquiries of all ditch companies, utility companies, districts, local
government, and all other agencies that might have facilities in the area of work to
determine possible conflicts.
B. Field Locates. The permittee shall contact the UNCC and request field locations of all
facilities in the area pursuant to UNCC requirements. Field locations shall be marked prior
to commencing work. The permittee shall support and protect all pipes, conduits, poles,
wires, or other apparatus which may be affected by the work from damage during
construction or settlement of trenches subsequent to construction.
C. Noise, Dust, Debris, Hours of Work. Each permittee shall conduct work in such manner as
to avoid unnecessary inconvenience and annoyance to the general public and occupants of
neighboring property. In the performance of the work, the permittee shall take appropriate
measures to reduce noise, dust, and unsightly debris. No work shall be done between the
hours of 79:00 p.m. and 76:00 a.m., except with the written permission of the City Manager
DocuSign Envelope ID: 80DF3084-75FB-44FD-B77A-55185F00E763
2
or designee, or in case of an emergency. Any entity with facilities in the public right-of-way
may undertake routine maintenance on existing facilities without obtaining written
permission of the City Manager or designee providing:
1. The routine maintenance work does not involve any material disturbance of any
public way infrastructure improvements.
2. The routine maintenance work does not involve any activities that generate noise
levels that constitute a public nuisance as defined in the noise control provisions of
the Municipal Code.
D. Trash and Construction Materials. Each permittee shall maintain the work site so that:
1. Trash and construction materials are contained so that they are not blown off of the
construction-site.
2. Trash is removed from a construction-site often enough so that it does not become a
health, fire, or safety hazard.
3. Trash dumpsters and storage or construction trailers are not placed in the street
without specific approval of the City Manager or designee.
E. Deposit of Dirt and Material on Roadways. Each permittee shall utilize their best efforts to
eliminate the tracking of mud or debris upon any street or sidewalk. Streets and sidewalks
shall be cleaned of mud and debris at the end of each day. All equipment and trucks
tracking mud and debris into the right-of-way shall be cleaned of mud and debris at the end
of each day or as directed by the City Manager or designee.
F. Protection of Trees and Landscaping. Each permittee shall use their best efforts to protect
trees, landscape, and landscape features as required by the City. All protective measures
shall be provided at the expense of the permittee. If permittee causes damage to trees and
other landscape features, then the permittee shall be responsible for repairs and depending
upon the extent of damage, the replacement of the landscape improvements.
G. Protection of Paved Surfaces from Equipment Damage. Backhoe equipment outriggers shall
be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked
vehicles that will damage pavement surfaces are not permitted on paved surfaces unless
specific precautions are taken to protect the surface. The permittee will be responsible for
any damage caused to the pavement by the operation of such equipment and, shall repair
such surfaces. Failure to do so will result in the use of the applicants performance/warranty
guarantee by the City to repair any damage, and, possibly, the requirement of additional
warrantee(s).
H. Protection of Property. Each permittee shall preserve private and public property and
protect it from damage. The permittee shall, at its own expense, shore up and protect all
buildings, walls, fences or other property likely to be damaged during the work, and shall be
responsible for all damage to public or private property resulting from failure to properly
protect and carry out work in the public way.
I. Sanitary Facilities. Each permittee shall provide necessary sanitary facilities for workers.
DocuSign Envelope ID: 80DF3084-75FB-44FD-B77A-55185F00E763
3
J. Clean Up. As the work progresses, all public rights-of-way and private property shall be
thoroughly cleaned of all gas and oil spills, rubbish, excess dirt, rock, and other debris. All
clean-up operations shall be done at the expense of the permittee.
K. Preservation of Monuments. A permittee shall not disturb or move any land monuments,
property marks, or survey hubs and points that may interfere or be impacted by the
proposed work, until their location has been witnessed or referenced in accordance with
standard survey practices, or unless approval is obtained from the City Manager or
designee. Any monuments, hubs, and points disturbed will be replaced by a Colorado
Registered Land Surveyor at the permittee's expense.
L. Construction Vehicle Parking. Each permittee shall make provisions for employee and
construction vehicle parking so that neighborhood and business parking adjacent to a work
site is not impacted.
M. Maintaining Safe Walkways. Each permittee shall maintain an adequate and safe
unobstructed walkway around a construction-site in accordance with E.M.C. 11-3-3. In
cases where the sidewalk must be blocked and pedestrian traffic must be routed around the
work area, the permittee shall provide adequate barricading and detour signing to protect
and serve the pedestrians. Once a permittee has occupied the public way, it shall be the
permittee's responsibility to clear all snow and ice hazards from public sidewalks at the
work site following a snowfall in conformance with E.M.C. 11-3-2.
Section 2. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
DocuSign Envelope ID: 80DF3084-75FB-44FD-B77A-55185F00E763
4
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
Introduced, read in full, and passed on first reading on the 7th day of February, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th
day of February, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 9th
day of February, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 22nd day of February, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 06, Series of 2022, on the
24th day of February, 2022.
Published by title on the City’s official website beginning on the 23rd day of February, 2022 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No.
06, Series of 2022.
Stephanie Carlile
DocuSign Envelope ID: 80DF3084-75FB-44FD-B77A-55185F00E763