HomeMy WebLinkAbout2024 Ordinance No. 053
ORDINANCE COUNCIL BILL NO. 56
NO. 53 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER WARD
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 11,
CHAPTER 7, CITY RIGHT-OF-WAY, AND ESTABLISHING FEES AND
PENALTIES REGARDING USE OF THE CITY’S RIGHT-OF-WAY
WHEREAS, third parties working in and on public ways have been observed to require lengthy
street closures which causes travel impacts and delays; and
WHEREAS, the City’s elected officials have received numerous complaints and concerns from
citizens regarding extended road closures, failure to remove barriers when work is complete, failure to
follow best practices, and perceived violation of right of way permits; and
WHEREAS, City Council studied the issue in multiple study sessions, received information
regarding right-of-way regulations by surrounding cities, and considered administrative penalties and other
tools to ensure compliance with the City’s right-of-way code and permits to work therein; and
WHEREAS, City Council desires to protect the rights of the City and its citizens in utilizing public
streets and sidewalks by providing for additional enforcement mechanisms and best practices for third
parties working in and on public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Declaration. The City of Englewood finds and declares that Title 11, Chapter 7 provides
principles, procedures and associated funding for the placement of structures and facilities, construction,
excavation, encroachments and work activities within or upon any public right-of-way, and to protect the
integrity of the road system and the City's infrastructure. To achieve these purposes, it is necessary to
require permits of private users of the public rights-of-way, to establish permit procedures, and to fix and
collect fees and charges. Public and private uses of public rights-of-way for location of facilities
employed in the provision of public services should, in the interests of the general welfare, be
accommodated; however, the City must ensure that the primary purpose of the right-of-way, the safe and
efficient passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In
addition, the value of other public and private installations, roadways, facilities, and properties should be
protected, competing uses must be reconciled, and the public safety preserved. The use of the right-of-
way corridors by private users is secondary to these public objectives, and the movement of traffic. This
Chapter is intended to strike a balance between the public need for efficient, safe transportation routes and
the use of rights-of-way for location of facilities by public and private entities. It thus has several
objectives:
1. To ensure that the public safety is maintained and that public inconvenience is minimized.
2. To protect the City's infrastructure investment by establishing repair standards for the
pavement, facilities, and property in the public rights-of-way, when work is accomplished.
3. To facilitate work within the rights-of-way through the standardization of regulations.
4. To maintain an efficient permit process.
5. To conserve and fairly apportion the limited physical capacity of the public rights-of-way held
in public trust by the City.
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6. To establish a public policy for enabling the City to discharge its public trust consistent with
the rapidly evolving federal and state regulatory policies, industry competition and
technological development.
7. To promote cooperation among the permittees (as defined herein) and the City in the
occupation of the public rights-of-way, and work therein, in order to; (i) eliminate duplication
that is wasteful, unnecessary or unsightly; (ii) lower the permittee's and the City's costs of
providing services to the public; and (iii) minimize street cuts.
8. To assure that the City can continue to fairly and responsibly protect the public health, safety,
and welfare.
9. To reduce disruptions and interference with the public use of City streets and damage to the
pavement and landscaping caused by excavations.
10. To facilitate joint use of utility and similar facilities in Right-of-Way such as attachment of
flags, banners, or similar signs announcing public events, holiday lights and other decorative
attachments, pedestrian or other traffic related safety signs, flashing crosswalk lights, flower
pots and baskets, and other similar attachments.
Section 2. Amendment of Title 11, Chapter 7. Title 11, Chapter 7 to the Englewood Municipal Code is
hereby amended to read as follows (new provisions underlined; deleted provisions crossed through):
11-7-1: Purpose and Objectives.
A. The Purpose and Objectives of this Chapter are provided in Section 1 of Ordinance [INSERT], Series
of 2024, which is incorporated by reference as if fully set forth herein.Purpose:
This Chapter provides principles, procedures and associated funding for the placement of structures
and facilities, construction, excavation, encroachments and work activities within or upon any public
right-of-way, and to protect the integrity of the road system and the City's infrastructure. To achieve these
purposes, it is necessary to require permits of private users of the public rights-of-way, to establish permit
procedures, and to fix and collect fees and charges.
B. Objectives:
Public and private uses of public rights-of-way for location of facilities employed in the provision of
public services should, in the interests of the general welfare, be accommodated; however, the City must
insure that the primary purpose of the right-of-way, passage of pedestrian and vehicular traffic, is
maintained to the greatest extent possible. In addition, the value of other public and private installations,
roadways, facilities, and properties should be protected, competing uses must be reconciled, and the
public safety preserved. The use of the right-of-way corridors by private users is secondary to these public
objectives, and the movement of traffic. This Chapter is intended to strike a balance between the public
need for efficient, safe transportation routes and the use of rights-of-way for location of facilities by
public and private entities. It thus has several objectives:
1. To insure that the public safety is maintained and that public inconvenience is minimized.
2. To protect the City's infrastructure investment by establishing repair standards for the
pavement, facilities, and property in the public rights-of-way, when work is accomplished.
3. To facilitate work within the rights-of-way through the standardization of regulations.
4. To maintain an efficient permit process.
5. To conserve and fairly apportion the limited physical capacity of the public rights-of-way held
in public trust by the City.
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6. To establish a public policy for enabling the City to discharge its public trust consistent with
the rapidly evolving federal and state regulatory policies, industry competition and
technological development.
7. To promote cooperation among the permittees (as defined herein) and the City in the
occupation of the public rights-of-way, and work therein, in order to; (i) eliminate duplication
that is wasteful, unnecessary or unsightly; (ii) lower the permittee's and the City's costs of
providing services to the public; and (iii) minimize street cuts.
8. To assure that the City can continue to fairly and responsibly protect the public health, safety,
and welfare.
11-7-2: Definitions.
Terms shall be defined as follows The following words and phrases, when used in this Chapter, shall have
the following meanings unless the context otherwise clearly indicates to the contrary. If a term is not
defined herein, definitions from other applicable authority shall apply in the following order: EMC § 1-3-
4, EMC § 16-13-2, elsewhere in EMC, applicable state law.
Access Vault: Any structure containing one or more ducts, conduits, manholes, handhole or other
such facilities in permittee's facilities.
A. Appurtenances: Transformers, switching boxes, gas regulator stations, terminal boxes, meter
cabinets, pedestals, junction boxes, handholes substations, system amplifiers, power supplies, pump
stations, manholes, valves and valve housings and other devices that are necessary to the function of
electric, communications, cable television, water, sewer, stormwater, natural gas and other utilities and
services.
B. Block: One (1) side of a Sstreet between two (2) consecutive intersecting Sstreets.
Bus stop: The area immediately adjacent to any marked bus stop. Such area shall be a ten-foot-wide
strip parallel to the roadway measured from the curb, or where there is no curb, the edge of the pavement,
and shall run from the bus stop sign forty feet (40′) in the direction opposite to the flow of traffic.
Chapter: Title 11, Chapter 7, of the Englewood Municipal Code entitled "City Rights-of-Way—
Permits and Requirements."
City: City of Englewood, Colorado.
City Manager: The chief executive officer of the city government of the City of Englewood or the
manager's authorized representative.
C. Contractor: A Pperson, partnership, corporation, or other legal entity licensed by the City (unless
specifically exempted) who undertakes Work to construct, install, alter, move, remove, trim, demolish,
repair, replace, excavate, or add to any improvements regulatedcovered by this Chapterordinance, that
requires presence work, workers, and/or equipment to be in the Ppublic Right-of-Wayright-of-way in the
process of performing the above named operations.
D. Corral: An area on the Rright-of-Wway enclosed on three (3) sides by a fence or railing for the
purpose of controlling the placement of Nnewsracks.
E. Degradation: A decrease in the useful life of the Sstreet improvements or damage to any
Llandscaping within the Right-of-Way rights-of-way caused by Excavationexcavation in or disturbance
of the Rright-of-Wway, resulting in the need to reconstruct the surface and/or subsurface structure of such
Rright-of-Wway earlier than would be required if the Excavationexcavation or disturbance did not occur.
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F. Developer: The Personperson, partnership, corporation, or other legal entity who is improving a
parcel of land within the City and who is legally responsible to the City for the construction of
improvements within a subdivision or as a condition of a building permit.
G. Duct or Conduit: A single enclosed raceway for cables, fiber optics, or other wires, or a pipe or
canal used to convey fluids, air, or gases; considered surplus if unoccupied and held by permittee as
emergency use spares or that permittee reasonably expects to use within three (3) years from the date of a
request for use.
H. E.M.C.: Englewood Municipal Code.
I. Emergency: Any event which may threaten public health or safety, or that results in an
interruption in the provision of services including, but not limited to, damaged or leaking water or gas
systems, damaged, plugged, or leaking sewer or storm drainage systems, damaged electrical and
communications Ffacilities, and advance notice of needed repairs is impracticable under the
circumstances.
Excavate: To dig into or in any way remove, distribute or penetrate any part of a right-of-way .
J. Explicit Sexual Acts: Specified Anatomical Areas and Specified Sexual Activities as defined in
EMC § 5-6-1, including between human and animals, Depictions of sexual intercourse, oral copulation,
anal intercourse, oral or anal copulation, plus bestiality, and sadism, masochism, or excretory functions in
connection with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above
conduct is depicted or described as being performed alone or between members of the same or opposite
sex or between humans and animals, or other acts of sexual arousal involving physical conduct with a
person's genitals, pubic hair, perineum, anus or anal region.
K. Facilities: Includes, without limitation, any pipes, Cconduits, wires, cables, amplifiers,
transformers, fiber optic lines, antennae, poles, transmission structures, Sstreet lights, Dducts, fixtures and
appurtenances, orand other like equipment used in connection with transmitting, receiving, distributing,
offering, and providing utilities and other services or otherwise permanently placed in Right-of-Way.
L. Fence: Any artificially or naturally constructed barrier of wood, masonry, stone, wire, metal, or
any other manufactured material or combination of materials erected to enclose, partition, beautify, mark,
or screen areas of land.
M. Hazardous Substances: Any substance, chemical or waste that is identified as hazardous or toxic
in any applicable federal, state or local law or regulation, including but not limited to petroleum products
and asbestos.
N. Infrastructure: Any City owned facility, system, or improvement including, without limitation,
water and sewer mains and appurtenances, the City ditch, storm drains and structures, Sstreets, alleys,
traffic signal poles and appurtenances, Cconduits, Street lights, Street light and utility poles, signs,
landscape improvements, Ssidewalks, and public safety equipment.
O. Landscaping: Materials, including without limitation, grass, ground cover, shrubs, vines, hedges,
or trees and non-living natural materials commonly used in landscape development, as well as attendant
irrigation systems.
Lightrail stop: The sidewalk area and any raised boarding platform adjacent to any lightrail stop as
defined by the curb line, a line parallel to the curb line, and fifteen feet from the curb line, or the total
depth of the boarding platform, whichever is greater, which area extends from five (5) feet before the
boarding platform to five (5) feet after the boarding platform, measuring along the curb line.
Manager: The City Manager or designee.
P. Newsrack: Any self-service or coin operated box, container, storage unit or other dispenser
installed, used or maintained for the display, distribution or sale of newspapers or other periodicals.
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Newsrack Permittee: Any person responsible for placing and maintaining a newsrack in the right-of-
way.
Park: Any area used as a park, playground, open space, or trail, devoted or designated for active or
passive recreation.
Q. Permit: Any authorization for use of the Right-of-Way public rights-of-way granted in
accordance with the terms of this Chapter, and the laws and policies of the City. The holder of a valid
Permit is a Permittee.
Permittee: The holder of valid permit issued pursuant to this Chapter.
Person: Any person or persons, or entity, including, but not limited to, a corporation, limited
liability company, partnership, unincorporated association, or joint venture.
Pictorial material: Any material suggesting or conveying a visual image, and includes, but is not
limited to, a photograph, painting or drawing.
R. Public Right-of-Way or Right-of-Way or Public Way: The width and total surface area, and the
area above and below the surface that is dedicated, deeded, reserved by plat or otherwise owned or
controlled by the City, for public use for: Iinfrastructure improvements, pedestrians, vehicular movement,
parks, utilities, or storm drainage and runoff. For the purposes of this Chapter, Parks, trails and open
space are not Right-of-Way, except for those portions containing public use areas specifically described
herein.
Right-of-way: The entire width between the boundary lines of property owned by the City and
dedicated by the City for vehicular or pedestrian traffic.
Rights-of-Way Occupancy Permit: Any permit for temporary use or occupation of public rights-of-
way, where there are no infrastructure or facility improvements proposed to be placed in the public way,
and existing Iinfrastructure or facility improvements in the right-of-way will not be disturbed. Rights-of-
way occupancy permits do not require payment of degradation fees as part of the permit fee.
S. Roadway: That portion of a Sstreet that is improved, designed, or ordinarily used for vehicular
travel.
Service: Service of process will be complete upon mailing a copy of any notice or order to the
Permittee, by certified mail, return receipt requested, and sending the notice or order via facsimile
transmission to a facsimile number if one is provided by the Permittee.
T. Service Connections: Any Wwork involved in taking the Ppermittee's services from the
Ppermittee's Ffacilities to individual properties when this Wwork can be done without disturbing Right-
of-Waypublic way Sstreet improvements.
Sidewalk: Any surface provided for the use of pedestrians.
U. Specifications: Engineering regulations, construction specifications, and design standards adopted
by the City.
Street: All the area dedicated to public use for public street purposes and shall include, but not be
limited to, roadways tree-lawns and sidewalks.
V. Structure: Anything constructed or erected with a fixed location below, on, or above grade,
including, without limitation, foundations, Ffences, retaining walls, awnings, balconies, and canopies.
Surplus Ducts or Conduits: Conduits or ducts other than those occupied by permittee or any prior
permittee, or unoccupied ducts held by permittee as emergency use spares, or other unoccupied ducts that
permittee reasonably expects to use within three (3) years from the date of a request for use.
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Tree-lawn: The area between the sidewalk and the curb of any street, and where there is no
sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Tree-lawn shall
also include any area within a roadway that is not open to vehicular travel.
W. Work: Any use or storage of equipment or materials, or any labor performed including but not
limited to, the construction, maintenance and repairs of Sstreets and all related appurtenances, fixtures,
improvements, Ssidewalks, driveway openings, Llandscaping, bus shelters, bus pads, Sstreet lights, and
traffic signal devices. It also shall also mean Excavation, construction, maintenance, and repair of all
underground structures such as pipes, Cconduit, Dducts, tunnels, manholes, vaults, buried cable, wire, or
any other similar structures located below surface, and installation, maintenance and repair of overhead
poles and wires used for any purpose.
11-7-3: Police Powers.
The Ppermittee's rights hereunder are subject to the police powers of the City, which include the
power to adopt and enforce its Code, including amendments to this Chapter, necessary to the safety,
health, and welfare of the public. The Ppermittee shall comply with all applicable laws and ordinances
enacted, or hereafter enacted, by the City or any other legally constituted governmental unit having lawful
jurisdiction over the subject matter hereof. The City reserves the right to exercise its police powers,
notwithstanding anything in this Chapter and the Ppermit to the contrary. Any conflict between the
provisions of the Chapter or the Ppermit and any other present or future lawful exercise of the City police
powers shall be resolved in favor of the latter.
11-7-4: Permit Required.
A. Contractor's License. It shall be unlawful for any Personperson other than the City or a franchisee to
perform any Wwork in the Right-of-Waypublic way without first obtaining a contractors license
from the City.
B. Obtaining a Permit. No Personperson except an employee or official of the City or a Personperson
exempted by contract with the City shall undertake or permit to be undertaken any construction,
excavation, or Wwork in the Right-of-Way public rights-of-way without first obtaining a Ppermit
from the City as set forth in this Chapter, except for Sservice Cconnections; emergencies as
provided in E.M.C. EMC § 11-7-22, and routine maintenance as provided in E.M.C. EMC § 11-7-
4(G).
1. Such Ppermits will be issued only to regularly licensed and bonded Ccontractors, or to a
homeowner for their primary residence unless the Work impacts any Right-of-Way usage not owned
by the homeowner property in which he owns and resides.
2. A copy of each Ppermit obtained, along with associated documents, shall be maintained on the
job site and available for inspection upon request by any officer or employee of the City.
3. A Ppermit issued under this Chapter expires in may not be effective for more than one hundred
and eighty (180) days or less. The expiration date of the permit shall be stated on the Ppermit.
C. Construction, Excavation or Work Area. No Ppermittee shall perform construction, excavation, or
Wwork in an area larger or at a location different, or for a longer period of time than that specified
in the Ppermit or permit application. If, after construction, excavation, or Wwork is commenced
under an approved Ppermit, it becomes necessary to perform construction, excavation, or Wwork in
a larger or different area than originally requested under the application or for a longer period of
time, the Ppermittee shall obtain an amended City Permit prior to exceeding the scope of the
original Permit, notify the City Manager’s or designee immediately and within twenty-four (24)
hours shall file by filing an amendment request and paying the Permit amendment a supplementary
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application fee and other applicable City fees set by City Council for the additional Work. for the
additional construction, excavation, or work, and the permittee shall be billed for the additional
amount owed.
D. Permit Transferability or Assignability. The Permitee applicant may subcontract the Wwork to be
performed under a Ppermit to a qualified Contractor, but provided that the Ppermittee shall be and
remains responsible for compliance with for the performance of the work under the Ppermit and this
Chapter.all insurance and financial security as required. Permits are transferable to a qualified
Contractor posting the required security and agreeing to comply with the Permit and this Chapter, by
filing an application for transfer and paying the Permit transfer fee set by City Counciland
assignable if the transferee or assignee posts all required security pursuant to this Chapter and agrees
to be bound by all requirements of the permit and this Chapter.
E. Developer Ownership of Public Infrastructure. In the City, Tthe physical construction of public
Iinfrastructure in new developments is the responsibility of the Ddeveloper, and requires a Permit if
within Right-of-Way. of the land. Ownership of that infrastructure remains with Tthe Ddeveloper
owns that Infrastructure of the land until acceptance by the City, which shall not occur unless . Any
developer of land where work is undertaken on infrastructure that is within a public right-of-way,
but prior to acceptance by the City, shall obtain a permit from the City. The City will not accept
public infrastructure improvements, where Wwork performed complies is not in accordance with
applicable City Sspecifications and applicable provisions of this Chapter.
F. Excavating Without a Permit. Any Personperson or utility excavating found to be conducting any
excavation activity within the Right-of-Waypublic right-of-way without having first obtained the
required a Ppermit(s), except for Sservice Cconnections under and as provided in E.M.C. EMC §
11-7-22, shall immediately cease all activity (exclusive of actions required to stabilize the area) and
be required to obtain a Ppermit before Wwork may be restarted. A surcharge shall be required in
addition to all applicable permit fees. This surcharge shall be set by Council resolution.
G. Routine Maintenance Exemption. Any Ppermittee may undertake routine maintenance on existing
Ffacilities without obtaining a Ppermit from the City providing:
1. No Wwork occurs creates an obstruction or otherwise interferes with the regular vehicular and
pedestrian movement on any collector or arterial Sstreet on a weekday during the morning or
evening rush hours as defined by E.M.C. 11-7-14(D).
2. Safe Wwork area traffic signing and barricading is provided under in accordance with Part VI
of the Manual on Uniform Traffic Control Devices.
3. The routine maintenance Wwork does not involve any material disturbance of any Right-of-
Waypublic way Iinfrastructure improvements.
4. The routine maintenance Wwork does not involve any activities that generate noise levels that
constitute a public nuisance under as defined in the noise control provisions of E.M.C. EMC
Title 6 Chapter 6-2 between the hours of 79:00 p.m. and 76:00 a.m.
11-7-5: Permit Application—Permit Contents.
A. Permit Application. An applicant for a Ppermit to allow construction, excavation, or Wwork in the
Right-of-Waypublic right-of-way under this Section shall:
1. Complete and fFile the City’s a written application providingon forms furnished by the City
which shall include the following:
a. The date of application.
b. The name and address of the applicant.
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c. The name and address of the Ddeveloper (if applicable).
d. The name and address of the licensed Ccontractor who is going to perform Wwork in the
Right-of-Waypublic right-of-way (contractor must have a contractor license from the
City).
e. An emergency telephone number at which said the Ccontractor doing the work may be
contacted on a twenty-four-hour basis.
f. The exact location of the proposed construction, excavation or Wwork activity.
g. A description of the Wwork proposed.
h. The type of existing public Iinfrastructure (Sstreet pavement, curb and gutter, Ssidewalks
or utilities) impacted by the construction, excavation or Wwork.
i. The purpose of the proposed construction, excavation or Wwork.
j. Estimated start and completion dates of the date and estimated time to complete Wwork.
k. The proposed hours of Wwork.
l. An itemization of the total actual estimated cost of restoration. (If if required to establish
the performance bond requirement, which may be adjusted upward by the City if .)
Itemized costs should be based on actual cost to do work, if in the opinion of the City
Manager or designee the itemized costs appear inadequate in comparison to
contemporaneous bids received for similar work, then the costs shall be adjusted to be in
line with the most recent bids received by the City or by the Colorado Department of
Transportation for similar work.
2. Any delinquent charges, including penalties, interest and fees, due the City by the applicant,
Developer and or its Ccontractor for prior Wwork must be paid prior to issuance of a Permit.
Permittee may establish an escrow account with the City for future fees owed under a Permitto
cover charges for permits.
3. Attach copies of all additional Ppermits or licenses (or pending applications therefore) required
to do the proposed work or to Wwork in the Right-of-Way, public rights-of-way (including
those required by any applicable jurisdiction, EMC, required insurance, deposits, bonding, and
warranties, unless otherwise specified in an franchise agreement between the Ppermittee and
the City), and any licenses or permits that are required under the laws of the United States, the
State of Colorado, or other ordinances or regulations of the City. If relevant permits or licenses
have been applied for but not yet received, provide a written statement so indicating. Copies of
any such Ppermits or licenses for which an application is pending shall be provided to the City
within forty-eight (48) hours after issuance receipt.
4. Provide a satisfactory plan of work showing protection of the subject property and adjacent
properties.
5. Provide a satisfactory plan for the protection of existing Llandscaping, if impacted when the
City determines that damage may occur.
6. Include a signed statement verifying that all orders issued by the City to the applicant,
requiring the applicant to correct deficiencies on previous Ppermits, have been satisfied.
7. Include with the application engineering construction drawings or site plans for the proposed
construction, excavation, or Wwork in compliance with City Specifications and EMC § 11-7-
25.
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8. Include with the application a satisfactory traffic control, work area barricading, and erosion
protection plans for the proposed construction, excavation, or Wwork in compliance with this
Chapter and EMC § 11-7-14.
9. Include a statement indicating any proposed joint use or ownership of the Ffacility; any known
existing Ffacility or Ppermit of the applicant at this location; any known existing Ffacility of
others with which the proposed installations might conflict; and the name, address and
telephone number of a representative of the applicant available to review proposed locations at
the site.
10. Pay all required permit fees
B. Updating Applications. Applicants shall update any new information on Ppermit applications within
ten (10) days after any material change occurs.
C. Joint Applications. Applicants may apply jointly for Ppermits to Wwork in Right-of-Way public
rights-of-way at the same time and place. Applicants who apply jointly for Ppermits may share in
the payment of the Ppermit fee. Applicants must agree among themselves as to the portion each
shall pay.
11-7-6: Permit Fee.
A. Permit Fee. Before a Ppermit is issued pursuant to this Chapter, the applicant shall pay to the City
all a Ppermit, Degradation, and City-required restoration fees set which shall be determined in
accordance with a fee schedule adopted by the City Council by resolution. Fees will be reasonably
related to the costs inherent in managing the Right-of-Way, including public rights-of-way. These
costs include, but are not necessarily limited to, administering this Chapter, the costs of permitting,
verifying, and mapping Right-of-Way rights-of-way occupations, inspecting job sites, Degradation,
and Right-of-Way rights-of-way restorations, and costs relating to the degradation of the rights-of-
way, i.e., the cost to achieve a level of restoration as determined by the City at the time the permit is
issued.
B. Reduction in Degradation Costs. The portion of the cost permit fee relating to Ddegradation costs
shall be reduced by the City in cases where the applicant demonstrates to the satisfaction of the City
Manager or designee that the Excavationexcavation proposed will be used by three (3) or more
entities, legally and financially unrelated, for the installation, maintenance or repair of Ffacilities.
The Ddegradation cost portion of the permit fee shall be further reduced in cases where the
applicant demonstrates to the satisfaction of the City Manager or designee that the for an
Excavationexcavation in a Street scheduled to be repaved or resurfaced by the City within the next
twenty-four (24) months. to be made will be commenced and completed during the twenty-four-
month period immediately prior to the scheduled repaving or resurfacing of a street, as indicated in
the most recent edition of the City's repaving plan. There are no Ddegradation costs for Wwork that
does not involve Excavationexcavation in, or material disturbance of, Sstreet improvements in the
Right-of-Way rights-of-way.
11-7-8: Insurance and Indemnification.
A. Insurance Coverage. Unless otherwise specified in a franchise agreement between the Ppermittee
and the City, prior to the granting of any Ppermit, the Ppermittee shall file with the City an insurance
policy or certificate in a form satisfactory to the City with coverage as follows:
1. The Ppermittee shall carry and maintain in full effect at all times a commercial general liability
policy, including broad form property damage, completed operations contractual liability,
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explosion hazard, collapse hazard, underground property damage hazard, commonly known as
XCU, for limits not less than one two million dollars ($21,000,000.00) each occurrence for
damages of bodily injury or death to one or more persons or; and five hundred thousand dollars
($500,000.00) each occurrence for damage to or destruction of property; and four million
dollars ($4,000,000.00) aggregate for each.
2. Workers compensation insurance as required by State law.
3. The City shall not be required to submit be relieved of the obligation of submitting a certificate
of insurance.
B. Insuring Additional or Subsequent Permit Holders. Whenever any Personperson has filed with the
City evidence of insurance as required, any additional or subsequent Ppermitee holder in the employ
of said initial Personperson may, at the discretion of the City, be excused from depositing or filing
any additional evidence of insurance if such employee is fully covered by the Ppermittee's insurance
policy.
C. Protection Against Injury or Damage to Persons or Property. Each Ppermittee shall construct,
maintain, and operate its Ffacilities in a manner which provides protection against injury or damage
to persons or property.
1. The Ppermittee, for itself and its related entities, agents, employees, subcontractors, and the
agents and employees of said subcontractors, shall save [hold] the City harmless, and defend,
and indemnify the City, its successors, assigns, officers, employees, agents, and appointed and
elected officials from and against all liability or damage and all claims or demands whatsoever
in nature, unless caused by the negligent or intentional acts of the City, and reimburse the City
for all its reasonable expenses and any attorneys fees, as incurred, arising out of the
installation, maintenance, operation or any other Wwork or activity in the Right-of-Waypublic
right-of-way or by the Ppermittee related to its use thereof, including, but not limited to, the
actions of the Ppermittee, its employees, agents, Ccontractor, subcontractor(s), related entities,
successors and assigns, or the securing of and the exercise by the Ppermittee of the permit
rights granted in the Ppermit, including any third party claims, administrative hearings, and
litigation; whether or not any act or omission complained of is authorized, allowed, or
prohibited by this Chapter or other applicable law.
2. The terms of each contract awarded by the Ppermittee for activities pursuant to a Ppermit shall
contain indemnity provisions whereby the Ccontractor and subcontractor(s) shall defend and
indemnify the City to the same extent as described above.
3. The Ppermittee shall have the right to defend the City with regard to all third party actions,
damages and penalties arising in any way out of the exercise of any rights in the Ppermit. If at
any time, however, Ppermittee refuses to defend, and the City elects to defend itself with
regard to such matters, the Ppermittee shall pay all reasonable expenses including attorneys
fees incurred by the City related to its defense.
4. In any the event the City institutes litigation by the City against the Ppermittee for a breach of
the Ppermit or any provision of this Chapter, to collect any costs or penalties owed to the City,
or for an interpretation of this Chapter, and the City is the prevailing party, the Ppermittee shall
reimburse the City for all costs related hereto, including reasonable attorney's fees. The
permittee shall not be obligated to hold harmless or indemnify the City for claims or demands
to the extent that they are due to the negligence, or any intentional and/or willful acts of the
City or any of its officers, employees, or agents.
5. In the event the Ppermitee is a public entity, the indemnification requirements of this Section
public entity shall not be obligated to indemnify the City against third party claims, and the
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entity’s obligations for any damages shall be subject to the provisions of the Colorado
Governmental Immunity Act and other applicable State law.
11-7-9: Performance Bond/Letter of Credit.
A. Bond or Letter of Credit. Before any Ppermit isrequired by this Chapter shall be issued to an
applicant, the applicant shall file with the City Manager or designee a bond or letter of credit in
favor of the City in an amount equal to the total cost of construction, including labor and materials,
or five thousand dollars ($5,000.00), whichever is greater. The bond or letter of credit shall be
executed by the applicant as principal and by at least one surety upon whom service of process may
be had in the State. The bond or letter of credit shall be conditioned upon the applicant fully
complying with all provisions of City ordinances, rules and regulations, and upon payment of all
judgments and costs rendered against the applicant for any material violation of City ordinances or
State statutes that may be recovered against the applicant by any Personperson for damages arising
out of any negligent or wrongful acts of the applicant in the performance of Wwork done pursuant to
the Ppermit. The City may bring an action on the bond or letter of credit on its own behalf or on
behalf of any Personperson so aggrieved as beneficiary. The bond or letter of credit must be
approved by the City Manager or designee as to form and as to the responsibility of the surety
thereon prior to the issuance of the Ppermit. However, the City may waive the requirements of any
such bond or letter of credit or may permit the applicant to post a bond without surety thereon upon
finding that the applicant has financial stability and assets located in the State to satisfy any claims
intended to be protected against the security required by this Section.
B. Letter of Responsibility. A letter of responsibility will be accepted in lieu of a performance bond or
letter of credit from all public utilities, all franchised entities, and all metropolitan, water and
sanitation districts operating within the City.
C. Performance Bond Duration. The performance bond, letter of credit or letter of responsibility shall
remain in force and effect for a minimum of two (2) years after completion and the City’s
acceptance of the Work street cut, excavation or lane closure.
11-7-10: Performance Warranty/Guarantee.
A. Warranty. Any warranty made hereunder shall serve as security for the performance of Wwork
necessary to repair the Right-of-Waypublic right-of-way if the Ppermittee fails to make the
necessary repairs or to complete the Wwork under the Ppermit.
B. Guarantee. The Ppermittee, by acceptance of the Ppermit, expressly warrants and guarantees
complete performance of the Wwork in a manner acceptable to the City and warrants and guarantees
all Wwork done for a period of two (2) years after the date of initial acceptance, and agrees to
maintain upon demand and to make all necessary repairs during the two (2) year period. This
warranty shall include all repairs and actions needed as a result of:
1. Defects in workmanship.
2. Settling of fills or Excavationsexcavations.
3. Any unauthorized deviations from the approved plans and Sspecifications.
4. Failure to barricade.
5. Failure to clean up during and after performance of the Wwork.
6. Any other violation of this Chapter or the ordinances of the City.
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C. Period of Warranty. The two (2) year warranty period shall run from the date of the City's initial
acceptance of the Wwork. If repairs are required during the two (2) year warranty period, those
repairs need only be warranted until the end of the initial two (2) year period starting with the date
of initial acceptance. It is not necessary that a new two (2) year warranty be provided for subsequent
repairs after initial acceptance.
D. Repairs Under Warranty. At any time prior to completion of the two (2) year warranty period, the
City may notify the Ppermittee in writing of any needed repairs. Emergency repairs shall be
completed within twenty-four (24) hours if the defects are determined by the City to be an imminent
danger to the public health, safety and welfare. Nonemergency repairs shall be completed within
thirty (30) calendar days after notice. If such deficiencies are not corrected within the prescribed
time, the City may make such corrections and the Ppermittee shall pay the actual costs thereof plus a
penalty of fifty percent (50%) of the amount thereof, within thirty (30) days of billing by the City.
E. Work Disturbed While Under Warranty. The warranty described in this Section shall cover only
those areas of Wwork undertaken by a Ppermittee and/or its Ccontractors. In the event that Wwork
of another Ppermittee or the City subsequently impacts a portion of Wwork under warranty by a
Ppermittee during the warranty period, then the subsequent Ppermittee or the City shall assume
responsibility for repair to the subsequently impacted Section of Right-of-Wayright-of-way.
11-7-11: Inspections.
A. The City shall have the right to make inspections at any time, to reject any Wwork or materials
which are defective or do not conform with the requirements of this Code, the approved plans, or
Sspecifications. Upon review of the application for a Ppermit, the City Manager or designee shall
determine how many inspections, if any, may be required. For most Ppermits the inspection procedure
will entail the following:
1. The City conducts a pre-construction inspection, to determine any necessary conditions for the
Ppermit.
2. The Ppermittee shall notify the City immediately after Wwork begins and the City shall
conduct periodic inspections as Wwork operations are completed.
3. The City shall inspect the completed Wwork within twenty-one (21) days of Ppermittee's
request for initial acceptance. Initial acceptance will be given if all Wwork meets City and
Ppermit standards.
4. Approximately thirty (30) days prior to the expiration of the two (2) year guarantee, the City
shall conduct a final acceptance inspection of the completed Wwork. If the Wwork is still
satisfactory the bond or letter of credit shall be returned or allowed to expire, with a letter of
final acceptance, less any amounts needed to complete Wwork not done by Ppermittee.
B. The Permittee shall pay the inspection fees, and reinspection fees upon failure to pass an initial
inspection, as set by City Council.
C. For Wwork that does not involve material disturbance in the Right-of-Way rights-of-way, the
City Manager or designee shall waive the final acceptance inspection and the performance bond/letter of
credit.
11-7-12: Public Safety.
A. The Ppermittee shall maintain a safe work area, free of safety hazards. The City may make any
repair necessary to eliminate any safety hazards not performed by Permittee as directed. Any
such Wwork performed by the City shall be completed and billed to the Ppermittee at overtime
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rates. The Ppermittee shall comply with any requests from the City to secure the route area and
otherwise cooperate with the City at no expense to City to remove such hazard or impediment.
The Ppermittee shall pay all such charges within thirty (30) days of the statement date. If the
Ppermittee fails to pay such charges within the prescribed time period, the City may, in addition
to taking other collection remedies, seek reimbursement through the warranty guarantee.
Furthermore, the Ppermittee may be barred from performing any Wwork in the Right-of-
Waypublic right-of-way, and under no circumstances will the City issue any further Ppermits of
any kind to said Ppermittee, until all outstanding charges have been paid in full.
B. Permittee and Permittee’s Contractor(s) shall be solely and completely responsible for the
conditions of any job site where the Facilities are being placed, including safety of all persons
(including employees and the public) and property during performance of the Work. This
requirement shall apply continuously and not be limited to normal working hours. Safety
provisions shall conform to all applicable federal (including OSHA), state, county, and local
laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent
requirement shall be followed. Permittee’s failure to thoroughly familiarize itself with the
aforementioned safety provisions shall not relieve Permittee from compliance.
11-7-13: Time of Completion.
All Wwork covered by the Ppermit shall be completed by the date stated on the application.
Ppermits shall be void if Wwork has not commenced sixty (60) days six (6) months after issuance, unless
within that period, an extension request describing the extenuating circumstances supporting a delay for
commencement of work has been filed with the City along with the accompanying permit extension
application fee set by City Council, and said extension for commencement has been granted by the City
Manager or designee. Performance bonds, letters of credit or letters of responsibility deposited as a
performance/warranty guarantee for individual Ppermits will be returned after voiding of the Ppermit,
with administrative and any other incurred City costs deducted.
11-7-14: Traffic Control.
A. Traffic Control Plan. When it is necessary to obstruct traffic, a traffic control plan shall be submitted
to the City prior to starting construction, except as provided in E.M.C. EMC § 11-7-22 orand EMC §
11-7-14(H). Part VI of the Manual on Uniform Traffic Control Devices (“MUTCD”) or any
successor publication thereto shall be used as a guide for all maintenance and construction signing.
The Ppermittee shall illustrate on the Ppermit the warning and control devices proposed for use in
compliance with MUTCD. At the direction of the City Manager or designee, such warning and
control devices shall be modified. No Ppermit will be issued until the plan is approved by the City.
The Ppermittee shall use extra care so as to minimize disruption to adjacent property and drives and
to provide access to parking areas while accomplishing the Wwork. If access to private property
must be blocked in order to accomplish the Wwork, then the Ppermittee shall develop an access
maintenance plan in coordination with and based on all reasonable requirements of the affected
property owners and tenants, and submit it to the City. No Ppermittee shall block access to and from
side Sstreets, alleys, maintenance roads, walkways, driveways, Ssidewalks, bike paths, fire hydrants,
fire stations, fire escapes, mail boxes, dumpsters, parked vehicles, water valves, underground vaults,
valve housing structures, or any other vital equipment unless the Ppermittee demonstrates to the City
they havethat he/she has worked with the owner or occupant of the facility to minimize potential
impacts.
B. Street or Lane Closures. If a Sstreet, Sidewalk, or lane closing is requireddesired, the Ppermittee
will request the assistance and obtain the approval of the City for a reasonable closure duration and
pay all closure fees set by City Council. It shall be the responsibility of tThe Ppermittee shallto
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develop a detour and signing plan, provide advance warning signs to advise drivers of the street
closure and deliver notices to the affected properties a minimum of forty-eight (48) hours prior to
any street closure. It shall be the responsibility of the The Ppermittee shallto notify and coordinate
all Wwork in the Right-of-Waypublic way with police, fire, ambulance, other governmental entities,
and transit organizations.
C. Flag Persons. When necessary for public safety, the Ppermittee shall employ flag persons whose
duties shall be to control traffic around or through the construction site. The use of flag persons may
be required by the City Manager or designee.
D. Acceptable Hours of Construction. No construction shall be performed that obstructs or impedes the
flow of traffic on arterial or collector Sstreets on weekdays during the hours of 7:00 a.m. to 9:00
a.m. or 3:30 p.m. to 6:00 p.m. without the approval of the City Manager or designee, except as
provided in E.M.C. EMC § 11-7-22. No Wwork will be performed in the Right-of-Waypublic way
shall that involves activities that generate noise levels that constitute a noise control public nuisance
in as defined in the noise control provisions of E.M.C. EMC Title 6 Chapter 2 between the hours of
79:00 p.m. and 76:00 a.m. without the approval of the City Manager or designee, except as provided
in E.M.C. EMC § 11-7-22.
E. Traffic Control Devices. Effective work area traffic control must be provided for all Sstreet
construction and maintenance, and utility and telecommunications work and maintenance in order to
provide for the safety of the workers, vehicular users, and pedestrians. The type of traffic control
should be selected based upon the type of Rroadway, traffic conditions, duration of operation,
physical constraints, and the proximity of the workspace to traffic. All traffic control devices and
advance warning signs used for work area traffic control shall conform to the applicable
Sspecifications in Part VI of the Manual on Uniform Traffic Control Devices. Traffic control
devices are to be supplied by the Ppermittee. If used at night, they must be reflectorized and must be
illuminated or have barricade warning lights. The Permittee shall promptly remove all traffic
control devices and Work signage upon completion of the Work, and no later than expiration of the
Permit term; if they fail to do so, Permittee shall pay the administrative penalty set by City Council
and City staff may remove them unless it poses a danger to pedestrian or vehicular traffic.
F. Prohibited Methods of Illumination. Oil flares or kerosene lanterns are not allowed as means of
illumination. Nighttime work area flood lighting shall not be allowed to spill out of the construction
area in such a way as to disturb, annoy, or endanger the comfort, health or peace of others.
G. Maintenance and Construction Signing. The Ccontractor shall be responsible for maintaining all
work area signing and barricading during construction operations as well as any signs and barricades
that are needed to protect Rroadway users and pedestrians during non-work hours. During non-work
hours, all construction work area signs that are not appropriate shall be removed, covered, or turned
around so that they do not face traffic. Any deficiencies noted by the City shall be corrected
immediately by the Ccontractor. If Ccontractor is not available or cannot be found, the City may
make such corrections and the Ccontractor shall pay the actual costs plus a penalty of fifty percent
(50%) of the amount thereof.
H. Routine Maintenance. Any Ppermittee may undertake routine maintenance on existing Ffacilities
without obtaining traffic control plan approval from the City provideding: that such maintenance
meets the requirements of EMC § 11-7-4(G).
1. No work occurs on any collector or arterial street on a weekday during the morning or evening
rush hours as defined by E.M.C. 11-7-14(D) above.
2. Safe work area traffic signing and barricading is provided in accordance with Part VI of the
Manual on Uniform Traffic Control Devices.
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3. The routine maintenance work does not involve any material disturbance of any public way
infrastructure improvements.
I. Traffic Control Costs and Responsibilities. All costs related to developing a work area traffic control
plan, and implementing the traffic control plan, and as well as maintaining the traffic control
elements are the responsibility of the Ppermittee.
11-7-15: General Right-of-Way Rights-of-Way Use and Construction.
A. Right-of-Way Meetings. Permittee will make reasonable efforts to attend and participate in meetings
of the City, of which the Ppermittee is made aware, regarding Right-of-Wayright-of-way issues that
may impact its Ffacilities, including, planning meetings to anticipate joint trenching and boring.
Permittees and franchisees shall joint trench or share bores or cuts and coordinate construction
whenever it is possible and reasonably practicable so as to reduce so far as possible the number of
Right-of-Wayright-of-way cuts within the City and the amount of time that pedestrian and vehicular
traffic is obstructed or impeded.
B. Minimal Interference.
The City Manager or designee shall assign locations of Ffacilities in the Right-of-Waypublic right-
of-way. Work in the Right-of-Wayright-of-way, or on or near other public or private property, near
public property, or on or near private property shall be done in a manner that causes the least
interference with the rights and reasonable convenience of property owners and residents, and shall
interfere as little as possible with traffic or other authorized uses within said Right-of-Way and
easements. Permittee's Ffacilities and maintenance shall be constructed and maintained in such
manner as not to interfere with sewers, water pipes, or any other property of the City, or with any
other pipes, wires, Cconduits, pedestals, structures, or other Ffacilities that may have been laid in the
Right-of-Way rights-of-way by, or under, the City's authority. Five feet (5') minimum horizontal
clearance and eighteen inch (18") minimum vertical clearance shall be provided between Ffacilities
and water and sewer mains. If the minimum horizontal and vertical clearances are not adhered to
then the Ppermittee assumes all risk of damage and loss arising out of failure to comply with
required clearances. The Ppermittee's Ffacilities shall be located, erected and maintained so as not to
endanger or interfere with the lives of persons, or to interfere with new City improvements or uses
the City may deem proper to make, or to unnecessarily hinder or obstruct the free use of the Right-
of-Way rights-of-way or other public property, and including fixtures that protrude into a pedestrian
path. Permittee’s Facilities shall not unreasonably interfere with travel by the public and the use of
public places during the construction, maintenance and repair, operation or removal thereof, or
reduce the path width or otherwise cause a violation of the Americans with Disabilities Act of 1990
(“ADA”).
C. Underground Construction and Use of Poles.
1. Unless otherwise provided below, when required by applicable law, general ordinances,
resolutions, regulations or rules of the City or applicable State or federal law, Ppermittee's
Ffacilities shall be placed underground at no cost to the City. Where all Ffacilities are installed
underground at the time of Ppermittee's construction, or when all such Ffacilities are
subsequently placed underground, all Ppermittee Ffacilities shall also be placed underground at
no expense to the City unless funding is generally available for such relocation to all users of
the rights-of-way. Placing Ffacilities underground does not preclude the use of ground-
mounted appurtenances; however, related equipment, such as pedestals, must be placed in
accordance with the City's applicable rules and code requirements.
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2. In areas where existing Ffacilities are aerial, the Ppermittee may install aerial Ffacilities. For
above ground Ffacilities, the Ppermittee shall utilize existing poles wherever possible, although
under no circumstances is the Ppermittee allowed to attach Ffacilities to ornamental poles.
3. Should the City desire to place its own facilities in trenches or bores opened by the permittee,
the permittee shall cooperate with the City in any construction by the permittee that involves
trenching or boring, provided that the City has first notified the permittee in some manner that
it is interested in sharing the trenches or bores in the area where the permittee's construction is
occurring. The Ppermittee shall allow the City to place its Ffacilities in the Ppermittee's
trenches and bores, including ducts or conduit that could be utilized by other entities, should
the City timely notify Permittee, provided the City incurs any incremental increase in cost of
the trenching and boring due to the City’s Facilities. Should the City desire to install ducts or
conduit for the possible use of other entities, then the permittee shall allow the City to place
these facilities in the permittee's trenches and bores, provided the City shares proportionally in
the cost of trenching and boring. The City shall be responsible for maintaining its respective
own Ffacilities buried within the Ppermittee's trenches and bores under this paragraph.
D. Use of Conduits by the City. The City may install or affix and maintain its own Ffacilities for City
purposes in or upon any and all of Ppermittee's Dducts, Cconduits or equipment in the Right-of-Way
rights-of-way and other public places, at a charge to be negotiated between the parties (but in no
event greater at a cost to the City equal to or less than the best price charged by Ppermittee to any
other user), to the extent space therein or thereon is reasonably available, and pursuant to all
applicable ordinances and cCodes. For the purposes of this subsection, "City purposes" includes, but
is not limited to, the use of the structures and installations for City fire, police, traffic, water,
telephone, and/or signal systems.
E. Common Users.
1. Unless prohibited by applicable law or regulations and except for Permittee’s competitors, The
rights-of-way have a finite capacity for containing facilities. Therefore, whenever the City
determines it is impracticable to permit construction of an underground Cconduit system by
any otherwise-authorized entity which may at the time have authority to construct or maintain
conduits or ducts in the rights-of-way, but excluding entities providing services in competition
with Ppermittee, and unless otherwise prohibited by federal or State law or regulations, the
City may require Ppermittee to allow theafford to such entity the right to use Ppermittee's
surplus Dducts or Cconduits in common with Ppermittee as long as such use does not
compromise Permitte’s Facilities, pursuant to the terms and conditions of an agreement for use
between of surplus ducts or conduits entered into by Ppermittee and the other entity. Nothing
herein shall require permittee to enter into an agreement with such entity if, in permittee's
reasonable determination, such an agreement could compromise the integrity of the permittee's
facilities.
2. Permittee shall give a common user pursuant to this Section a minimum of one hundred twenty
(120) days notice of its need to occupy a Cconduit, and the common user shall and shall
propose that the common user take the first feasible action as follows:
(a) Pay revised Cconduit rent designed to recover the cost of retrofitting the Cconduit with
space-saving technology sufficient to meet Ppermittee's space needs;
(b) Pay revised Cconduit rent based on the cost of new Cconduit constructed to meet
Ppermittee's space needs;
(c) Vacate the needed Dducts or Cconduit; or
(d) Construct and maintain sufficient new Cconduit to meet Ppermittee's space needs.
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3. When two (2) or more common users occupy a sSection of Cconduit facility, the last user to
occupy the Cconduit facility shall be the first to vacate or construct new Cconduit. When
Cconduit rent is revised because of retrofitting, space-saving technology or construction of
new Cconduit, all common users (other than the Permittee) shall bear the increased cost.
4. All Ffacilities shall comply with applicable law and regulations, meet any applicable local,
State, and federal clearance and other safety requirements, be adequately grounded and
anchored, and comply with contractual meet the provisions of contracts executed between
Ppermittee and the other common user. Permittee may, at its option, correct any attachment
deficiencies and charge the common user for its costs. Each common user shall pay Ppermittee
for any fines, fees, damages or other costs the common user's attachments cause Ppermittee to
incur.
F. Hazardous Substances. Permittees may not produce, dispose, transport, treat, use, generate, or store
any Hazardous Substances on, under, about or within the area of a utility pole or Right-of-Way in
violation of the Comprehensive Environmental Response Compensation and Liability Act, 42
U.S.C. § 9601, et. seq.; the Resource Conservation and Recovery Act., 42 U.S.C. § 6901, et seq.; the
Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; or any other federal, state, county, or local
law or regulation. Permittee may not use the Right-of-Way in a manner that would require a Permit
or approval related to Hazardous Substances from any governmental agency other than the City.
Permittee will pay, indemnify, defend and hold City harmless against any loss or liability incurred
by reason of any Hazardous Substance produced, disposed of, or used by Permittee pursuant to this
Agreement and must immediately notify City of any Hazardous Substance discovered at any time
that is unlawfully present upon the Right-of-Way. Permittee will ensure that any storage, treatment,
transportation, disposal or other handling of Hazardous Substance will be performed by persons who
are properly trained, authorized, licensed and otherwise permitted by law to perform those services.
11-7-16: Coordination of Excavations: Joint Planning and Construction.
A. Reduction of Disruption and Interference. Excavations in City rights-of-way disrupt and interfere
with the public use of City streets and damage the pavement and landscaping. The purpose of this
Section is to reduce this disruption, interference and damage by promoting better coordination
among permittees making excavations in City rights-of-way and between these permittees and the
City. Better coordination will assist in minimizing the number of excavations being made wherever
feasible, and will ensure the excavations in Right-of-Way are, to the maximum extent possible,
performed before, rather than after, the resurfacing of the streets by the City.
A.B. Excavation Master Plan. Any Ppermittee owning, operating or installing Ffacilities in City Right-of-
Wayrights-of-way, providing water, sewer, gas, electric, communication, video or other utility
services, shall meet annually with the City Manager or designee, at the City Manager's or designee's
request to discuss Ppermittee’s Excavationexcavation master plan, including any planned major
Excavationexcavation work disrupting City Right-of-Way more than five (5) days within the next
two (2) years. At such meeting, unless to the extent not already in possession of the City, Ppermittee
shall submit the City’s form documentation, in a form required by the City Manager or designee,
showing a location of the Ppermittee’s existing Ffacilities in the City Right-of-Way rights-of-way.
Permittee shall discuss with the City Manager or designee, its excavation master plan, and identify
planned major excavation work in the City. Any map or documentation created by the City The City
Manager or designee may make his own record on a map, drawing or other documentation, of each
Ppermittee’s planned major Excavationexcavation work, which in the City; provided, however, that
no such document prepared by the City Manager or designee shall not identify any specific
Permitteea particular entity, or the planned major excavation work of that particular entity. Such
meeting shall be held Permittee shall meet with the City Manager or designee to discuss an initial
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Excavationexcavation master plan no later than sixty (60) days after submission of the submitting its
first Ppermit application. Thereafter, each Ppermittee shall submit annually, byon the first regular
business day of January, a revised and updated Excavationexcavation master plan. As used in this
subsection, the term planned major excavation work refers to any future excavations planned by the
permittee when the excavation master plan or update is submitted that will affect any City right-of-
way for more than five (5) days, provided that the permittee shall not be required to identify future
major excavations planned to occur more than two (2) years after the date that the permittees master
plan or update is discussed. Between the annual meetings to discuss planned major excavation work,
Ppermittee shall use its best efforts to timely inform the City Manager or designee of any substantial
changes in the planned major Excavationexcavation work discussed at the annual meeting.
BC. Repaving Plan. The City Manager’s or designee shall prepare a repaving plan showing the Sstreet
resurfacing planned by the City, including. For purposes of this Section, the repaving plan shall
include a Llandscaping or other Right-of-Wayright-of-way improvement plan. The repaving plan
shall be revised and updated annually after considering Permitees’ and the City’s on an annual basis
after meeting to discuss the permittees and the City's master plans and updates. The City Manager or
designee shall make the City’s repaving plan shall be available for public inspection and provided to
Permittees meeting annually with the City pursuant to Section A above. In addition, after
determining the street resurfacing work that is proposed for each year, the City Manager or designee
shall send a notice of the proposed work to all permittees that have had an annual meeting with the
City Manager or designee.
CD. Coordination with Repaving Plan. Prior to applying for a Ppermit, any Personperson planning an
Excavation to excavate in the Citys Right-of-Way rights-of-way shall review the City’s repaving
plan on file with the City Manager or designee and shall coordinate, to the extent practicable, with
the utility and Sstreet Wwork shown on such plans to minimize damage to, and avoid undue
disruption and interference with, the public use of such Right-of-Way rights-of-way.
DE. Locating Ffacilities. In performing locates of Ffacilities in the Right-of-Way public rights-of-way in
preparation for construction under a Ppermit, Ppermittee shall compile all information obtained
regarding its or any other Ffacilities in the Right-of-Way public rights-of-way related to a particular
Ppermit, and shall make that information available to the City in a written and verified format
pursuant to written City policy.
EF. Documentation of Location of Permittee’s Ffacilities. Prior to undertaking any Wwork in the Right-
of-Way, rights-of-way the City may notify all Ppermittees of the City Wwork to be performed.
Upon such notification, all Ppermittees shall, within seven (7) days, locate their Ffacilities in the
Right-of-Way rights-of-way in which the Wwork will be performed, and provide documentation in a
format pursuant to written City policy of the Ppermittee’s Ffacilities in that Right-of-Wayright-of-
way. If the Ppermittee fails to provide the locate information requested by the City, the City may
obtain this information and charge the Ppermittee the actual costs for obtaining the information.
11-7-17: Minimizing the Impacts of Work in the Right-of-WayRights-of-Way.
A. Notification Association. Before placing any Ffacilities in the City Right-of-Way,right-of-way the
Permittee 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. Title § 9- Article1.5 et seq. In addition,
all Permittees shall make entities are responsible for making inquiries of all ditch companies, utility
companies, districts, local government, and all other agencies that maymight have Ffacilities in the
area of Wwork to determine possible conflicts.
B. Field Locates. The Ppermittee shall contact the UNCC and request field locations of all Ffacilities in
the area pursuant to UNCC requirements. Field locations shall be marked prior to commencing
Wwork. The Ppermittee shall support and protect all Facilities pipes, conduits, poles, wires, or other
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apparatus which may be affected by the Wwork from damage during construction or settlement of
trenches subsequent to construction.
C. Noise, Dust, Debris, Hours of Work. Each Ppermittee shall conduct Wwork in such manner as to
avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring
property, and. In the performance of the work, the permittee shall take appropriate measures to
reduce noise, dust, and unsightly debris. No Wwork shall be done between the hours of 7:00 p.m.
and 7:00 a.m., except with the written permission of the City, or in case of an Eemergency. 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 Wwork does not involve any material disturbance of any public way
Iinfrastructure improvements.
2. The routine maintenance Wwork 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 Ppermittee shall maintain the Wwork 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 Sstreet without
specific City approval of the City Manager or designee.
E. Deposit of Dirt and Material on Roadways. Each Ppermittee shall minimize or utilize their best
efforts to eliminate the tracking of mud or debris upon any Sstreet or Ssidewalk. Streets and
Ssidewalks 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-Wayright-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 Ppermittee shall use their best efforts to protect trees,
landscape, and landscape features, and shall not trim or remove any trees, shrubs, or brush without
permission of the City. as required by the City. All protective measures shall be provided at the
expense of the Ppermittee. When required by City, each Permittee, at its expense, shall trim or cut
down trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of City. If
Ppermittee causes damage to trees and other landscape features, then the Ppermittee 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 Ppermittee 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 Permitee’s applicants performance/warranty guarantee by the City to repair
any damage, and may require possibly, the requirement of additional warrantee(s).
H. Protection of Property. Each Ppermittee shall preserve private and public property and protect it
from damage. The Ppermittee shall, at its own expense, shore up and protect all buildings, walls,
Ffences or other property likely to be damaged during the Wwork, and shall be responsible for all
damage to public or private property resulting from its failure to properly protect and carry out
Wwork in the Right-of-Waypublic way.
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I. Sanitary Ffacilities. Each Ppermittee shall provide necessary sanitary Ffacilities for workers.
J. Clean Up. As the Wwork progresses, all Right-of-Way 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 Ppermittee.
K. Preservation of Monuments. A Ppermittee shall not disturb or move any land monuments, property
marks, or survey hubs and points that may interfere or be impacted by the proposed Wwork, 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 Ppermittee’s expense.
L. Construction Vehicle Parking. Each Ppermittee 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 Ppermittee shall maintain an adequate and safe unobstructed
walkway around a construction-site in accordance with E.M.C. 11-3-3. In cases Wwhere the
Ssidewalk must be blocked and pedestrian traffic must be routed around the Wwork area, the
Ppermittee shall provide adequate barricading and detour signing to protect and serve the
pedestrians. Once a Ppermittee has occupied the Right-of-Waypublic way, it shall be the
Ppermittees shall responsibility to clear all snow and ice hazards from public Ssidewalks at the
work site under following a snowfall in conformance with E.M.C. EMC § 11-3-2.
11-7-18: Standards for Repairs and Restoration.
A. Owner Responsibility. Whenever the City Manager or designee determines that any Ssidewalk,
curb or gutter should be constructed or repaired, it shall cause notice in writing, to make such construction
or repair within thirty (30) days, to be served upon the owner or agent in charge of the premises alongside
thereof, pursuant to EMC § as provided in Section 1-10-1 of this Code.
If such construction or repairs are not made by the owner within thirty (30) days after service of the
notice, the City Manager or designee may order such construction or repairs to be made by the City and
the expenses connected therewith shall be a lien upon the property alongside such Ssidewalk until the cost
thereof is fully paid. When such construction or repairs are made by the City, the cost thereof shall be
assessed by the City upon the property fronting upon the same, and if the assessment is not paid within
thirty (30) days thereafter, the City shall certify such assessment to the County Treasurer who shall place
the same upon the tax list for the current year, to be collected in the same manner as other taxes are
collected, with ten percent (10%) penalty thereon to defray the cost of collection.
B. Permittee Responsibility. The Ppermittee shall be fully responsible for the cost and actual
performance of all Wwork in the Right-of-Waypublic way. The costs associated with compaction
testing shall be borne by the applicant. The Ppermittee shall do all Wwork in conformance with the
approved plans, any and all engineering regulations, construction Sspecifications, and design
standards adopted by the City. These standards shall apply to all Wwork in the Right-of-Waypublic
way unless otherwise indicated in the Ppermit.
C. Restoration of Work Site Condition. All restoration shall result in a work site condition equal to or
better than that which existed prior to construction. In addition to the regulations, Sspecifications
and standards referred to in subsection B above, (A) the following provisions shall apply to Wwork
in the Right-of-Way public rights-of-way of the City.
1. Pavement cuts shall be filled with compacted select material. Either concrete or asphalt patches
will be placed to match the existing Sstreet cross section. Select material shall include select
fill, stone (CDOT 26 or 57) or controlled density (flowable) fill.
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2. The Nnew asphalt will be placed by City crews unless special circumstances raised by City
staff, or the Ppermittee justify the Ppermittee contracting with a reputable paving firm to
complete this Wwork to City standard.
3. Concrete meeting all construction standards of the City shall be used to replace concrete
pavement wherever it occurs.
4. Flowable fill backfill material, satisfying design and construction standards adopted by the
City, shall be used to restore all trenches that have been excavated in the paved portion of any
public Sstreet or alley. When controlled density fill type material is used, steel plate will be
placed to cover the opening for the time required to allow the material to set, or until asphalt
patching is completed. The Permitee applicant may utilize granular backfill material in lieu of
flowable fill backfill material, provided that all of the following conditions are satisfied.
aA. Prior to the issuance of a Ppermit for construction, excavation, or Wwork activity, in the
Right-of-Waypublic right-of-way, the applicant must request and receive approval for the
use of granular backfill material.
b. The type, gradation, placement, compaction, and testing of the granular backfill material
shall meet or exceed all requirements specified in design and construction standards
adopted by the City. The costs associated with compaction testing shall be borne by the
applicant.
c. Once the compacted backfill has been placed, an asphalt cutback shall be made. The
cutback will extend six inches (6") minimum on each side of the opening and will be over
undisturbed pavement material (1-1/2 inch deep minimum). All edges of the opening
shall be neatly cut with an asphalt saw at ninety (90) degrees to the Rroadway and
uniformly tacked.
5. If a Permittee damages any private property, Permittee shall, at its own expense, and in a
manner acceptable to the property owner, repair the damage. If Permittee fails to do so, the
property owner may repair the damage at its own expense, and Permittee shall reimburse the
property owner within thirty (30) days of invoicing.
11-7-19: Construction and Restoration Standards for Newly Constructed or Overlayed Streets.
No Personperson shall cause an open trench Excavationexcavation or potholing of utilities in the
pavement of any Right-of-Waypublic right-of-way for a period of two (2) years from the completion of
construction or resurfacing except in compliance with the provisions of this Section.
A. Permit Application. Any application for a Ppermit for Excavationto excavate in a Right-of-
Waypublic right-of-way subject to the requirements of this Section shall contain the following
information:
1. A detailed and dimensional engineering plan that identifies and accurately represents the
City rights-of-way Right-of-Way or property that will be impacted by the proposed
Excavationexcavation, as well as adjacent Sstreets, and the method of construction.
2. The Sstreet width or alley width including curb and gutter over the total length of each
City Bblock that will be impacted by the proposed Excavationexcavation.
3. The location, width, length, and depth of the proposed Excavationexcavation.
4. The total area of existing Sstreet or alley pavement in each individual City Bblock that
will be impacted by the proposed Excavationexcavation.
5. A written statement addressing the criteria for approval.
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B. Criteria for Approval. No Ppermit for Excavationexcavation in the Right-of-Wayright-of-way
of new Sstreets shall be approved unless the City Manager or designee finds that all of the
following criteria have been met:
1. Boring or jacking without disturbing the pavement is not practical due to physical
characteristics of the Sstreet or alley or other utility conflicts.
2. Alternative utility alignments that do not involve excavating the Sstreet or alley are found
to be impracticable.
3. The proposed Excavationexcavation cannot reasonably be delayed until after the two (2)
year deferment period has lapsed.
C. Exemptions for Emergency Operations. Emergency maintenance operations shall be limited to
circumstances involving the preservation of life, property, or the restoration of customer
service. Persons with prior authorization from the City to perform Eemergency maintenance
operations within the Right-of-Way public rights-of-way, shall be exempted from this Section.
Any Personperson commencing operations under the laws of this Section shall submit detailed
engineering plans, construction methods and remediation plans no later than three (3) working
days after initiating the Eemergency maintenance operation.
D. Construction and Restoration Standards for Newly Constructed or Overlayed Streets and
Alleys. The Sstreets shall be restored and repaired in accordance with design and construction
standards adopted by the City and guaranteed in accordance with E.M.C. EMC § 11-76-10.
E. Exemptions for Non-Emergency Operations. A Ppermittee may apply to the City Manager or
designee for an exemption under this Section when the construction is necessary in the public
interest or to provide a public service, such as . By way of example, but not by limitation, an
exemption could be requested in order to provide services to a part of the City where no
service would be available without construction. If a non-emergency exemption is granted to
disturb a Right-of-Waypublic way (within the two (2) year period), the City Manager or
designee may, in itshis sole discretion, impose additional restoration requirements, including
but not necessarily limited to, roto-milling and repaving of a larger area, such as an entire
Bblock in which the construction occurs.
11-7-20: Relocation of Facilities.
If at any time the City requests the Ppermittee to relocate or remove its Ffacilities in the Right-of-
Way due to any public purpose, in order to allow the City to make any public use of rights-of-way, or if at
any time it shall become necessary because of a change in the grade or for any other purpose by reason of
the improving, repairing, constructing, or maintaining of any rights-of-way, or reason of traffic
conditions, public safety or by reason of installation of any type of structure or public improvement by the
City or other public agency or special district, and any general program for the undergrounding of such
facilities, to move or change the permittee's facilities within or adjacent to rights-of-way in any manner,
either temporarily or permanently, the City shall notify the Ppermittee, at least ninety (90) days in
advance, except in the case of emergencies, of the City's intention to perform or have such work
performed. The Ppermittee shall thereupon, at no cost to the City, accomplish the necessary relocation or,
removal or change within a reasonable time from the date of the notification, but in no event later than
three (3) working days prior to the date the City has notified the Ppermittee that it intends to commence
its Wwork or immediately in the case of emergencies. Upon the Ppermittee's failure to accomplish such
Wwork, the City (or other public agencies or special district requiring the relocation or removal) may
perform such Wwork at the Ppermittee's expense and the Ppermittee shall reimburse the City or other
agency within thirty (30) days after receipt of a written invoice. Following relocation, all affected
property shall be restored to, at a minimum, the condition which existed prior to construction, by the
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Ppermittee at the Ppermittee's expense. Notwithstanding the requirements of the Section, a Ppermittee
may request additional time to complete a relocation project. The City Manager or designee shall grant a
reasonable extension if, in itshis sole discretion, the extension will not adversely affect the City project.
11-7-21: Abandonment and Removal of Facilities.
A. Notification of Abandoned Facilities. Any Ppermittee that intends to discontinue use of any
Ffacilities within the Right-of-Way public rights-of-way shall notify the City Manager or designee
in writing of the intent to discontinue use. Such notice shall include the following:
1. A description of the Ffacilities for which the use is to be discontinued.
2. A description of all known Hhazardous Substances materials contained or used in the
Ffacilities.
3. A proposed date for discontinuance of use. Said date shall not be less than thirty (30) days
from the date such notice is submitted to the City Manager or designee.
4. The proposed method of abandonment, or removal and restoration.
The Ppermittee may not remove, destroy or permanently disable any such Ffacilities during said
thirty-day period without written approval of the City Manager or designee but may continue to perform
maintenance on the Ffacilities. The City Manager or designee shall review the abandonment notice within
thirty (30) days to determine whether Ffacilities and Cconduits can and should be kept available for future
users, or if not, the proposed method of abandonment, or removal and restoration.
B. Removal of Abandoned Facilities. If it is determined that the Ffacilities should be removed, then the
Ppermittee shall submit a Ppermit application to allow construction, excavation and or Wwork in the
Right-of-Waypublic right-of-way, and the Ppermittee shall be subject to all applicable fees and
requirements of this Chapter. The Ppermittee shall be required to remove and dispose of such
Ffacilities as set forth in the Ppermit, and shall complete such removal and disposal within six (6)
months from the date of the initial notice of intent to abandon to the reasonable satisfaction of the
City and without cost or expense to the City, unless additional time is requested from and the
approved by the City Manager or designee.
C. Abandonment of Facilities in Place. At the discretion of the City, and upon written notice from the
City, Manager or designee the Ppermittee may either:
1. Abandon the Ffacilities in place, and shall further convey full title and ownership of such
abandoned Ffacilities to the City. The consideration for the conveyance is the City's permission
to abandon the Ffacilities in place. The Ppermittee is responsible for all obligations as owner of
the Ffacilities, or other liabilities associated therewith, until the conveyance to the City is
completed.
2. Abandon the Ffacilities in place, but the Ppermittee still retains the responsibility for all
obligations as owner of the Ffacilities, or other liabilities associated therewith.
11-7-22: Emergency Procedures.
A. Emergency Repairs. Any Personperson maintaining Ffacilities in the Right-of-Waypublic way may
proceed with repairs upon existing Ffacilities without a Ppermit when Eemergency circumstances
demand that the Wwork be done immediately. If the Eemergency repairs involve disturbing any
Right-of-Waypublic right-of-way improvements, then the Personperson doing the Wwork shall
apply to the City for a Ppermit on or before the second third working day after such Wwork has
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commenced. All Eemergency Wwork that involves material disturbance of any Right-of-Way public
rights-of-way improvements, or any Eemergency Wwork that will require that the acceptable hours
of construction as provided in this Chapter the E.M.C. relating to noise or traffic to be violated, will
require prior telephone notification to the City Public Works Department at the City.
B. Notifications. If any damage occurs to an underground facility or its protective covering, the
Ccontractor shall notify the Ffacilities operator promptly. When the Ffacilities operator receives a
damage notice, the Ffacilities operator shall promptly dispatch personnel to the damage area to
investigate. If the damage results in the escape of any inflammable, toxic, or corrosive gas or liquid
or endangers life, health, or property, the Ccontractor responsible shall immediately notify the
Ffacilities operator and 911 and take immediate action to protect the public and nearby properties.
C. Public Emergency Disruption by the City. The City shall have the right, because of a public
emergency, to alter, relocate, sever, disrupt, remove, tear out, dig-up or otherwise damage and/or
destroy Facilities of Permittee without any prior notice to Permittee, if the action is deemed
necessary by the City Manager, Police Chief, City Engineer, Director of Public Works, or any
designee of them. In such event, neither the City nor any agent, Contractor or employee of City shall
be liable to Permittee, its Contractors or its customers or their parties for any harm so caused to them
or the Facilities. When practical and if possible, City will consult with Permittee in advance to
assess the necessity of such actions and to minimize, to the extent practical under the circumstances,
damage to and disruption of operation of the Facilities. The City shall inform Permittee of any
actions taken. Permittee shall be responsible for repair at its sole expense of any of its Facilities
damaged pursuant to any such action taken by the City.
11-7-23: ViolationsRevocation of Permits and Stop Work Orders.
A. Permit Revocation or Suspension. Any Ppermit may be revoked or suspended by the City Manager
or designee, after written notice to the Ppermittee for:
1. Violation of any condition of the Ppermit or of any provision of this Chapter.
2. Violation of EMC or any provision of any other City ordinance or code of the City or other
applicable State law relating to the Wwork.
3. Existence of any condition or performance of any act which the City determines constitutes or
causes a condition endangering life or damage to property.
B. Stop Work Orders. A stop work order may be issued by the City Manager or designee to any
Personperson or persons doing or causing any Wwork to be done in the Right-of-Waypublic way
for:
1. Working without a Ppermit when required, except for routine maintenance or emergency
repairs to existing facilities as provided for in this Chapter.
2. Doing Wwork in violation of any provision of this Chapter, or any other ordinance of the City,
or other applicable State law relating to the Wwork.
3. Performing any act, which City determines, constitutes or causes a condition that either
endangers life or property.
C. Effective Immediately. Stop work orders issued by the City Manager or designee, shall take effect
immediately upon notice to the Personperson performing Wwork in the Right-of-Waypublic way, or
to the Ppermittee's last known address. Uupon receipt of the stop work order, all Wwork is to cease
except for those activities that are necessary to make the work area safe, or to end the disruption to
traffic, or to protect people or property, or if approved by the City Manager or designee, to cure the
violation or conditions that caused the stop work order.
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D. Appealing a Suspension, Revocation, or Stop Work Order. Any suspension or revocation or stop
work order may be appealed by the Ppermittee to the City Board of Adjustment and Appeals by
filing a written notice of appeal within thirty (30) days of the action.
E. Administrative Penalties. Anyone violating any provision of this Chapter, including but not limited
to, failing to obtain a Permit when required, failing to timely remove Roadway temporary
construction signage or devices upon completion of Work that materially impacts vehicular or
pedestrian travel, or violating any provision of an issued Permit, shall pay to the City the
administrative penalty set by City Council within 30 days of notification by the City. Administrative
penalties are in addition to all other remedies available for violating any provision of this Chapter.
11-7-24: Suspension or Revocation of Contractor's Licenses.
A. Causes for Suspension or Revocation of a Contractor's License. The City Manager or designee may
suspend or revoke a license when the licensee commits one or more of the following acts or
omissions:
1. Failure to comply with the responsibilities as outlined in the Chapter or with the provisions in
the Englewood Engineering Regulations and Construction Standards.
2. Conspires with any Personperson to Ppermit a license to be used by another Personperson.
3. Willfully violates or disregards any of the provisions of EMC, including this Chapter the Code.
4. Workers exhibit a disregard for safety and therefore Wwork being performed results in unsafe
conditions.
5. Unsatisfactory Wwork resulting from inadequate skills or carelessness in the judgment
judgement of the City Manager or designee.
6. Failure to obey orders in a timely fashion.
7. Failure to obey a stop work order.
8. Working without a Permit when required by this Chapter.
B. License Suspension or Revocation Procedure. When any of the acts or omissions outlined above are
committed by a licensee license holder, and the City Manager or designee deems that the license
shall be suspended or revoked, the City shall notify the licensee in writing pursuant to EMC § 1-10-
1 in writing by certified mail or personal service. Upon receipt of the notice, the licensee may
request in writing a hearing to show cause why the license should not be suspended or revoked. If a
hearing is requested by the licensee, the City Manager or designee shall set a time, date and place,
and so notify the licensee. The suspension or revocation shall be stayed until after the hearing. When
a hearing is conducted, the licensee, the Public Works Department, and all interested parties may
attend. Upon completion of the hearing, the City Manager or designee shall take all evidence
available as a result of the Public Works Department investigation and all evidence presented at the
hearing under advisement, and shall notify the licensee in writing of the findings and decision,
including length of suspension or revocation if any, by service pursuant to EMC § 1-10-1certified
mail or personal service. The time of a suspension may be up to one year. The time of revocation
may be up to five (5) years.
C. Appeal Rights. Any Personperson, who disputes a license suspension or revocation, may appeal the
decision to the City Board of Adjustment and Appeals by filing a written notice of appeal. The
revocation or suspension is not stayed while the City Board of Adjustment and Appeals hearing is
pending.
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11-7-25: Adoption of 2020 Design and Construction Standards and Specifications.
A. There is hereby adopted, by reference thereto, the 2020 Design and Construction Standards and
Specifications manual (Standards and Specifications), as developed by the City of Englewood. The
City Clerk shall maintain a copy of the Standards and Specifications, including all appendices,
within the Office of the Clerk and make such Standards and Specifications available for inspection
during regular business hours. Additionally, a copy of the Standards and Specifications shall be
maintained on the website of the City of Englewood.
1. The Standards and Specifications shall govern all Wwork within the Right-of-Waypublic right-
of-way. A permit is required for all work within the public right-of-way.
2. All new developments and re-developments are required to construct new Right-of-Waypublic
right-of-way Iinfrastructure or replace existing Iinfrastructure within the Right-of-Waypublic
right-of-way and adjacent to the property to be in conformance with current ADA and City
standards.
3. A license agreement is required for the design, construction, operation and maintenance of any
overhead or underground Ffacilities within the Right-of-Waypublic right-of-way by any entity
without a franchise agreement with the City or without any other prior lawful authorization to
utilize the Right-of-Way. The license agreement shall be on a form provided by the City. All
Wwork to construct and maintain Ffacilities shall be covered by the applicable right-of-way
Ppermit. Prior lawful authorizations to utilize the Right-of-Way still require a Permit for site-
specific Work.
4. Standards and Specifications shall include, but are not limited to: requirements for site plan,
construction plans, plan submission, and plan approval.
5. Standards and Specifications shall include, but are not limited to: development guidelines and
requirements, including traffic studies, Rroadway designs, bicycle trails and pedestrian
Ffacilities.
6. Standards and Specifications shall include performance standards.
7. Standards and Specifications shall include Ppermit types.
8. Standards and Specifications shall include general construction requirements, including, but
not limited to: construction materials and methods, asphalt pavement standards, concrete
pavement standards, storm sewer standards, and traffic control device standards.
9. Standards and Specifications shall include standard detail drawing requirements, including, but
not limited to: standard signal details, standard signing and striping details, and Rroadway and
concrete details.
B. The City of Englewood Construction Standards and Concrete Specifications, dated April, 2011, are
hereby superseded and repealed in conformance with EMC Title 1, Chapter 2.
11-7-26. Disposition of Newsracks.
Newsracks placed in the Right-of-Wayright-of-way shall be in accordance with the following
procedures:
A. No Nnewsrack shall be placed in an area that would cause a violation of the applicable safety
criteria as set forth in EMCthis Code, or where the available space for Nnewsracks has been
exhausted.
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B. Where Nnewsrack Ccorrals are provided or required as part of a comprehensive streetscaping
design for a particular Bblock, or Sstreet corridor, the number of Ccorral spaces available shall
dictate how many Nnewsracks shall be allowed on any one Bblock. There shall be only one
Nnewsrack per publication per Ccorral on each side of the Sstreet.
C. Nnewsracks shall not be chained, bolted or otherwise attached to any tree or any fixture located
in the Right-of-Wayright-of-way. All bolts and protrusions shall be removed from the Right-
of-Wayright-of-way when the Nnewsrack is moved or removed.
D. All owners of Nnewsracks shall be responsible for the maintenance and upkeep of their
Nnewsracks. Any Nnewsrack found not to be in compliance shall be subject to removal under
EMC § 11-7-301 Englewood Municipal Code.
11-7-27: Permitting of Newsracks.
It shall be unlawful for any Personperson to erect, place, maintain or operate, on a public Sstreet or
Ssidewalk, or in any other Right-of-Waypublic way or publlic place, any Nnewsrack without first
obtaining a Ppermit from the City Manager or designee specifying the location of such Nnewsrack and
paying the Newsrack permit fee set by City Council. One (1) Ppermit may be issued to include any
number of Nnewsracks and shall be signed by the applicant. A Ppermit shall be considered approved if
the City takes no action within ten (10) working days. Notification by certified mail, return receipt
requested, that the application is being processed shall be considered "action" for purposes of this Section.
All Nnewsracks shall contain a sticker or other method of information providing the name, address,
and telephone number of the owner of the Nnewsrack.
11-7-28: Priority of Placement of Newsracks.
The City shall use the following criteria in determining when Nnewsracks will be permitted at any
location:
A. A Nnewsrack that is in place will have priority to its location if the location meets the criteria
established in this Title. If a Nnewsrack, which is in place at the time EMC §§ 11-7-26 through
11-7-31 Englewood Municipal Code are created, must be moved, it shall have its current
priority at the nearest location.
B. Second priority shall be given to Nnewsracks containing publications published daily or five
(5) or more days per week and shared Nnewsracks that contain multiple publications.
C. Third priority shall be given to Nnewsracks containing publications published one (1) to four
(4) days per week.
D. Fourth priority shall be given to Nnewsracks containing publications published less frequently
than once a week.
E. If a publication has one (1) Nnewsrack located at any one location, it may only be permitted a
second Nnewsrack after all other publications have been permitted. For purposes of this
subsection, "location" means all Nnewsracks located on the same side of the Sstreet in the
same Bblock.
F. Where a Nnewsrack Ccorral is being placed, the priority for the use of such Ccorral shall be as
set forth in this Section.
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11-7-29: Prohibitions on the Placement of Newsracks.
All Nnewsracks placed in whole or in part on any portion of the Right-of-Wayright-of-way, or
which project onto or over any part of the Right-of-Wayright-of-way shall be placed in accordance with
the following provisions:
A. It shall be unlawful for any Nnewsrack or Nnewsrack Ccorral to be placed, installed, or used or
maintained in the following manner:
1. Within two feet (2′) of the curb face or pavement edge of any Rroadway;
2. Within three feet (3′) of any marked pedestrian crosswalk;
3. Within five feet (5′) of any fire hydrant, fire call box, police call box, or any other
emergency facility;
4. On any portion of a pedestrian access ramp for disabled persons;
5. Within five feet (5′) of any of the following: parking meter posts, traffic control cabinets,
bicycle parking racks, the entrance to public transit shelters, public telephone enclosures,
kiosks, the entrance to Ssidewalk cafe, business access, public works of art, any portion
of a driveway, or trees;
6. On any portion of a tree grate, manhole cover, meter and/or valve box cover, vent cover
for underground utilities or on any granite or other decorative Ssidewalk without special
approval of the City Manager or designee;
7. Within a designated bus stop, or a ten-foot-wide strip parallel to the Roadway measured from
the curb or edge of the pavement running from the bus stop sign forty feet (40′) in the direction
opposite to the flow of traffic, or lightrail stop, or the Sidewalk area within five (5) feet of, and
including, any raised boarding platform adjacent to ingress/egress to a lightrail.
8. Outside or adjacent to a news Ccorral where Ccorrals are provided;
9. On landscaped areas or any location where there is no concrete pad;
10. In whole or in part rests upon, in or over any public Ssidewalk or parking lot parkway,
when such installation, use or maintenance interferes with intended use or endangers the
safety of persons or property.
11-7-30: Prohibition on Display of Certain Materials.
Publications offered for sale or distribution from Nnewsracks located on or projecting over public
property shall not be displayed or exhibited in a manner that exposes to public view from the Sstreet or
Ssidewalk any of the following:
1. Any statements or words describing Explicit Sexual Actsexplicit sexual acts, sexual organs, or
excrement where such statements or words have as their purpose or effect sexual arousal or
gratification;
2. Any pictorial material Any material suggesting or conveying a visual image, including a
photograph, painting or drawing, . depicting a person's genitals, pubic hair, perineum, anus or
anal region, or ; or
3. Any pictorial material depicting Explicit Sexual Actsexplicit sexual acts.
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11-7-31: Removal of Newsracks.
Any Nnewsrack found in violation of this ChapterSection is subject to removal by employees of the
City under the following guidelines:
A. A thirty (30) day notice of violation shall be served pursuant to EMC § 1-10-1, consistent with
municipal service of process, upon the owner of the Nnewsrack. Said notice shall set forth the
violations and require the owner to correct the problem by bringing the Nnewsrack into
compliance or by removal of the Nnewsrack.
B. In the event that the owner has not corrected the problem or removed or moved the Nnewsrack,
the City may, at the expense of the owner, remove the Nnewsrack and place the Nnewsrack
and its contents in storage.
C. In the event that a Nnewsrack obstructs the Right-of-Wayright-of-way or any Ssidewalk,
Sstreet or other Right-of-Waypublic way, the City shall notify the owner of the Nnewsrack
requesting that the owner remove or move the Nnewsrack. In the event that the owner does not
remove or move the Nnewsrack, and upon thirty (30) days elapsing from the initial notice, the
City may remove said Nnewsrack. If not claimed within thirty (30) days, it is deemed
abandoned property of the City.
11-7-32: Use of Public Rights-of-Way Right-of-Way or other Public Places by Utilities and
Similarly Situated Service Providers.
A. Purpose. Every utility and every provider of similar service within the City, regardless of whether it
holds a franchise from the City, may be required by the City to permit joint use of its facilities
located in the streets, alleys, or other public places in the City, as such may be reasonably
practicable. Examples of such joint use may include, but are not limited to, attachment of flags,
banners, or similar signs announcing public events, holiday lights and other decorative attachments,
pedestrian or other traffic related safety signs, flashing crosswalk lights, flower pots and baskets,
and other similar attachments. Such use of said facilities by the City shall not create a material
negative impact on a private entity's facilities or operations, and such use may only be considered
when it can be accomplished, at the City's discretion, in a manner that is protective of public health
and safety. Nothing contained herein shall limit the City's ability to enter into any other type of joint
use agreement with utility and other service providers owning facilities located in City streets,
alleys, or other public places.
B. Standards. The City Manager or designee may adopt standards for use by the City of a private
entity's Ffacilities in City Sstreets, alleys and other public places and shall apply such standards to
all similarly situated Ffacilities; provided, however, that such standards may be modified where
unusual conditions indicate such a modification will allow for an adequate and safe utilization of
such Ffacilities. Such joint use shall not create a material negative impact on a private entity's
Facilities or operations, and such use may only be considered when it can be accomplished, at the
City's discretion, in a manner that is protective of public health and safety.
BC. Enforcement.
1. If the utility or other service provider that is the owner of the Ffacilities in the Sstreets, alleys
or other public places objects to any proposed City use of such Ffacilities, the City shall be
permitted to undertake a study to address the concerns raised by the Ffacilities' owner. The
owner of the Ffacilities shall cooperate in providing the City any information reasonably
needed to study and respond to the owner's objections. For purposes of this Section, an owner
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shall be deemed to have failed to cooperate if it does not provide the City with any information
reasonably requested within seven (7) calendar days of a written request.
2. If the City provides information to the utility or other service provider which reasonably
demonstrates that its proposed use of the facility will not cause a material negative impact on
the utility or other service provider's Ffacilities or operations and will not negatively impact
public health and safety, the facility owner shall allow the City's proposed use, subject to any
conditions reasonably necessary to insure that the use will not cause the negative impacts
described herein. Failure to make such Ffacilities available for City use as provided herein
shall be a violation of this Section and may be subject to the penalties under EMC § 1-4-1
EMC.
3. It shall be unlawful for any Personperson, including any representative or Ccontractor of a
utility or other service provider, to remove flags, banners, or similar signs announcing public
events, holiday lights and other decorative attachments, pedestrian or other traffic related
safety signs, flashing crosswalk lights, flower pots and baskets, and other similar attachments
from Ffacilities located in the Sstreets, alleys, or other public places in the City without
receiving advance written permission from the City Manager or designee.
4. In addition to addressing violations of this Section, if a facility owner fails to make its
Ffacilities available after the City has provided the information described in Subsections 1 and
2 above, the City Manager or designee is authorized to withhold issuance of a building permit
or any other required Ppermit sought by the facility's owner until arrangements have been
made to the City's satisfaction that the requested City use of the Ffacilities in the Sstreets,
alleys, or other public places is being provided.
Section 3. Fees and Penalties Established
The City of Englewood Schedule of Service, License and Permit Fees and Utility Rates shall be amended as
follows:
Permit Fees (in addition to existing Occupancy Permit Fee):
Degradation, Restoration under EMC § 11-7-6 $10/linear foot
Administrative review fee under EMC § 11-7-6 $38 per hour $125
Lane closure/sidewalk closure under EMC § 11-7-14(B) (cumulative)
Sidewalk $0.45 /linear foot, per day
Bike Lane $0.99 /linear foot, per day
Transit Lane $3.12 /linear foot, per day
Parking Lane $3.50 /linear foot, per day
Alley or 1st Lane $6.00 /linear foot, per day
2nd Lane $12.00 /linear foot, per day
3rd Lane $24.00 /linear foot, per day
4th Lane $36.00 /linear foot, per day
5th Lane $54.00 /linear foot, per day
6th Lane $81.00 /linear foot, per day
Detour Fee for entire road closure, in addition to lane closure fees $5.05 /linear foot, per day
Administrative Penalties under EMC § 11-7-23(E) $500 per violation,
for Violating ROW Code, Permit, including Working without per day
a valid Permit, Unlicensed Contractor, Failure to Remove Temporary
Construction Signage or Traffic Control Devices
Permit Amendment Application Fee (to expand scope, duration, $190
Transfer Permittee, prompt re-application after denial, other)
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under EMC § 11-7-4(C)
Newsrack permit fee under EMC § 11-7-27: $230 annually
All references in the Schedule to Municipal Code Authorizing the Fee under EMC § 11 -7-1 shall instead
reference EMC § 11-7-6. References in the Schedule to EMC § 12-8-6 that apply to Right-of-Way also shall
include a reference to EMC § 11-7-6, including Re-inspection Fee, Occupancy Permit Fee. The fees
established herein may be amended by City Council by any official act, including by motion or approval of
an amended City of Englewood Schedule of Service, License and Permit Fees and Utility Rates.
Section 4. General Provisions
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 neces sary 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.
E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by
either authorized method. Manuals, Municipal Code, contracts, and other documents approved by
reference in any Council Bill may be published by reference or in full on the City’s official website; such
documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet
when the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to
execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk
is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence
of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above -referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval by the City of
such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized
to take additional actions as may be necessary to implement the provisions of this Ordinance.
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G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable
by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations
shall be subject to the General Penalty provisions contained within EMC § 1-4-1.
Introduced and passed on first reading on the 21st day of October, 2024; and on second reading, in
identical form to the first reading, on the 4th day of November, 2024.
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 an Ordinance, introduced and passed in identical form on first and second
reading on the dates indicated above; and published two days after each passage on the City’s official
website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after
first publication on the City’s official website.
Stephanie Carlile
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