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WORKING IN PUBLIC WAYS
Sections:
12.04.010 Citation.
12.04.020 Definitions.
12.04.030 Types of permits to work in the public way.
12.04.040 Application for permit.
12.04.045 Insurance.
12.04.060 Performance/warranty guarantee for permits.
12.04.070 Purpose of performance/warranty guarantee.
12.04.080 Inspection fees and procedures.
12.04.090 Time of completion.
12.04.110 Traffic control.
12.04.120 Construction standards and responsibility for all
public improvements.
12.04.130 Protection of paved surfaces from equipment damage.
12.04.140 Protection of property.
12.04.150 Relocation and protection of utilities.
12.04.160 Noise, dust, debris, hours of work.
12.04.170 Clean-up.
12.04.180 Emergency work.
12.04.190 Preservation of monuments.
12.04.200 Registration to do work.
12.04.210 Boring.
12.04.220 Suspension or revocation of permits and stop work
orders.
12.04.230 Appeals procedure.
12.04.240 Penalty.
12.04.010 Citation.
This chapter shall be known as the "public way permit ordinance" of
the city. (Ord. 1-82-59 § 1 (part), 1982; Ord. O-75-71 § 1, 1975).
12.04.020 Definitions.
For the purposes of this chapter, the following words shall have the following
meanings:
"City" means the City of Lakewood, Colorado.
"Director" means the Director of Public Works of the city or his/her
authorized representative.
"District" means any metropolitan, water, and/or sanitation district
formed under Title 32, Article I, CRS, as amended.
"Permittee" means the holder of a valid permit.
"Person" means any person, firm, partnership, special, metropolitan
or general district association; corporation; municipal department, company
or organization of any kind.
"Public way" means any public street, way, place, alley, sidewalk,
easement, park, square, plaza, and any city-owned right-of-way or any other
public property owned or controlled by the city and dedicated to public use.
Any easements dedicated solely for utility purposes shall not be governed by
the provisions of this chapter.
"Specifications" means Engineering Regulations, Construction Specifications
and Design Standards adopted by the city.
"Work in the public way" means, but is not limited to, construction
of streets and all related appurtenances, sidewalks, driveway openings, bus
shelters, bus loading pads, street lights, and traffic signal devices. It shall
also mean construction, maintenance and repair of all underground structures
such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire,
or any other similar structure located below the surface of any public way,
and installation of overhead poles used for any purpose. (Ord. O-94-17 §§
1, 2, 1994; Ord. O-91-59 § 19, 1991; Ord. O-82-59 § 1 (part), 1982;
Ord. O-71-24 § 3, 1971).
12.04.030 Types of permits to work in the public way.
There shall be three types of permits to work in the public way:
A. Public Improvement Agreement Permits: permits issued as part of the public
improvement agreement procedure under Chapter 14.13 of this code. Chapter 14.13
provides that any person obtaining a building permit may be required to sign
a public improvement agreement, provides for inspection of those public improvements,
and provides for collateral to insure the public improvements are built and
are warranted for one year of satisfactory performance;
B. Annual permits: permits granted to persons to cover all work done in the
public way for a period of one year;
C. Individual permits: permits granted to persons for one specific project in
the public way. (Ord. O-94-17 § 3, 1994; Ord. O-82-59 § 1 (part),
1982; Ord. O-71-24 § 4, 1971).
12.04.040 Application for permit.
A. It is unlawful for any person to perform work within the public way of the
city without obtaining a permit from the city. Any person doing work within
the public way of a state highway must obtain a permit from the state and the
city. If the state inspects the work in state right-of-way, there will be no
charge for the Lakewood permit. If the city inspects the work in state right-of-way,
all conditions and fees pertaining to a city permit shall apply.
B. In Lakewood, the physical construction of public improvements in new developments
is the responsibility of the developer of the land. Ownership of those improvements
remains with the developer of the land until acceptance by the city. Any person
performing work on those improvements which are within a public way, but prior
to acceptance by the city, shall obtain a permit from the city and permission
from the owner of the improvements in the public way. The permittee shall be
financially responsible to the owner of the improvements to carry out all remedial
work necessary to receive acceptance by the city of those improvements. This
financial obligation shall apply only to the work in the public way done by
the permittee.
1. Public Improvement Agreement Permit. An applicant doing work in the public
way which requires a public improvement agreement as required by Chapter 14.13
of this code shall have an approved set of plans and specifications prior to
permit application. No work shall be started until the Director has approved
the plans, specifications, and permit application, and issued a permit.
2. Annual Permits and Individual Permits. A separate written application for
that work done under an annual or individual permit shall be submitted to the
Director on a form provided by the city for each individual job. The application
shall be submitted at least two days prior to the planned start of work in the
public way. Permittees may be required to increase this time up to fourteen
days when the work consists of more than a single spot excavation. The city
may require submission of plans and specifications. No work shall be started
until the Director has approved the plans and specifications and permit application,
and issued a permit, except as specified in Section 12.04.180. (Ord. O-94-17
§ 4, 1994; Ord. O-82-59 § 1 (part), 1981; Ord. O-71-24 § 5, 1971).
12.04.045 Insurance.
Before a public way permit is issued, the applicant shall submit to the Director
a certificate of insurance in an amount set by City Council resolution. The
certificate of insurance shall list the City and its officers and employees
as additional named insureds.
City departments, mutual water companies, persons holding a franchise in the
City, any governmental agency, or any special metropolitan water and/or sanitation
district shall be relieved of the obligation of submitting a certificate of
insurance if the permit is signed in the name of that person and they carry
insurance equal to an amount set by City Council resolution. Upon request, the
agency shall submit a letter certifying such coverage or self-insurance. If
a person other than those named above signs the permit, a certificate of insurance
shall be provided. (Ord. O-97-28 § 1, 1997; Ord. O-94-17 § 5, 1994;
Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 4, 1975).
12.04.060 Performance/warranty guarantee for permits.
A. Public Improvement Agreement. Procedures for guaranteeing performance and
providing for warranty are specified in Chapter 14.13 and no additional performance/warranty
guarantee will be required in addition to those requirements.
B. Annual Permit. Any entity doing work under an annual permit shall provide
the City with ten thousand dollars cash or an irrevocable letter of credit.
The irrevocable letter of credit shall run for a period of time at least one
year beyond the anticipated acceptance date of any work done under the annual
permit. If no refund request is received, the deposit shall be carried forward
for use as the annual deposit for the following year. If a demand is made by
the City on all or a portion of a ten thousand dollar performance/ warranty
guarantee, no further permits shall be issued to that entity until the performance/warranty
guarantee is re-established in the amount of ten thousand dollars plus the amount
of the demand made by the City.
C. Individual Permit. Each permittee before being issued a permit shall provide
the city, at the permittee's expense, a performance/warranty guarantee. This
guarantee shall be in the form of cash or an irrevocable letter of credit.
The guarantee shall be in an amount equal to one hundred percent of the City
Engineer's estimate of the cost of restoration. The cost of restoration shall
include the removal of defective material, recompaction of subgrade and base
material and construction of surface improvements. The irrevocable letter of
credit shall run for a period of time at least one year beyond the anticipated
acceptance date of the work identified in the permit and may be returned as
provided in Section 12.04.080(B)(2). Such guarantees shall be extended if requested
by the City Engineer.
The City Engineer may waive performance/warranty guarantee requirements for
any owner of a single-family residence desiring to repair their driveway or
sidewalk provided the owner performs the work personally and upon satisfactory
evidence to the City Engineer that the applicant is competent to perform the
work.
D. Other Guarantees. In lieu of subsections (B) and (C) above, any City department,
mutual water companies, persons holding a franchise in the City, any governmental
agency, or any special metropolitan, water and/or sanitation district may provide
the City with an annual letter signed by an appropriate company or district
officer guaranteeing: (1) complete performance of the work acceptable to the
City, and (2) the correction of any defect in the work which the City discovers
and for which the City gives written notice to the permittee within one year
after the date when the City initially accepts the work.
If the Director determines that any permittee fails to promptly perform under
the conditions of this subsection (D) of this section, that permittee shall
be required to post a performance/warranty guarantee meeting the requirements
of subsections (B) or (C) of this section. If the Director determines that the
permittee then satisfactorily complies with this chapter for a one-year period
while operating under the provisions of subsections (B) or (C) of this section,
the permittee shall then again be eligible to operate with the annual guarantee
letter provided in subsection (D) of this section.
Notwithstanding anything to the contrary in this section, any contractor performing
work pursuant to a contract directly with the City shall adhere to the performance
payment requirements set forth in the contract documents. (Ord. O-97-28 §§
2, 3, 1997; Ord. O-94-17 § 6, 1994; Ord. O-82-59 § 1 (part), 1982;
Ord. O-71-24 § 7, 1971).
12.04.070 Purpose of performance/warranty guarantee.
A. Any guarantee made hereunder shall serve as security for the performance
of work necessary to repair the public way if the permittee fails to make the
necessary repairs or to complete the work under the permit.
B. The permittee, by acceptance of the permit, expressly guarantees complete
performance of the work acceptable to the city and guarantees all work done
by him for a period of one year after the date of acceptance, and agrees upon
demand to maintain and to make all necessary repairs during the one-year period.
This guarantee shall include all repairs and actions needed as a result of:
1. Defects in workmanship;
2. Settling of fills or excavations;
3. Any unauthorized deviations from the approved plans and specifications;
4. Failure to barricade;
5. Failure to clean up during and after performance of the work;
6. Any other violation of this chapter.
C. The one-year guarantee period shall run from acceptance of the work. If repairs
are required during the one-year period, those repairs need only be guaranteed
until the end of the original one-year guarantee period starting with the date
of initial acceptance. It is not necessary that a guarantee be provided for
subsequent repairs beyond the initial one-year guarantee period. (Ord. O-94-17
§ 7, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 8, 1971).
12.04.080 Inspection fees and procedures.
A. At the time of permit application, all permittees shall pay for the costs
of inspection. Costs of inspection shall be in accordance with the schedule
of charges prepared by the Director and adopted by City Council resolution.
B. Inspections will occur as follows:
1. Public Improvement Agreement. Procedures for inspecting public improvements
agreements shall be as specified in Chapter 14.13.
2. Annual and Individual Permits. Two inspections shall take place. First, the
permittee shall notify the city immediately after completion of work operations
and acceptance will be made if all work meets city and permit standards. Second,
approximately thirty days prior to the expiration of the one-year guarantee,
the city shall perform an inspection of the completed work. If the work is still
satisfactory, the cash or letter of credit for individual permit holders shall
be returned less any amounts needed to complete work not done by permittee.
For annual permits, the annual deposit shall be carried forward for use as the
annual deposit for the following year if no refund request is received.
At any time prior to completion of the one-year warranty period, the city may
notify the permittee of any needed repairs. Such repairs shall be completed
within twenty-four 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 days after notice.
3. Random Inspections. Random inspections may be made of the permittee's work
procedures, and the permittee shall correct his procedures if ordered to do
so. Failure to do so may result in revocation of the permit. (Ord. O-94-17 §
8, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 2, 1975).
12.04.090 Time of completion.
A. Public Improvement Agreement. Time of completion will be specified in the
public improvement agreement signed under the provisions of Chapter 14.13 of
this code.
B. Annual Permits and Individual Permits. All work covered by the permit shall
be completed by the date stated on the application. Permits shall be void if
work has not commenced six months after issuance. Letters of credit or cash
deposited as a performance/warranty guarantee for individual permits will be
returned after voiding of the permit. (Ord. O-82-59 § 1 (part), 1982; Ord.
O-75-71 § 3, 1975).
12.04.110 Traffic control.
When it is necessary to obstruct traffic, a detour plan shall be submitted to
the Director prior to starting construction. No permit will be issued until
the plan is approved by the Director. No permittee shall interrupt access to
and from private property, block emergency vehicles, block access to fire hydrants,
fire stations, fire escapes, water valves, underground vaults, valve housing
structures, or any other vital equipment unless permission is obtained from
the owner of that facility. If a street closing is desired, the applicant will
request the assistance and obtain the approval of the Director. It shall be
the responsibility of the permittee to notify and coordinate all work in the
public way with police, fire, ambulance, and transit organizations.
When necessary for public safety, the permittee 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 Director.
Unless approved by the Director, the permittee shall not impede rush hour traffic
on arterial or collector streets during the morning or evening rush hours. No
construction shall be performed nor shall any traffic lane be closed to traffic
during the hours of seven a.m. to nine a.m. or three-thirty p.m. to six p.m.
without the approval of the Director.
Traffic control devices, as defined in Part VI of the Manual on Uniform Traffic
Control Devices, must be used whenever it is necessary to close a traffic lane
or sidewalk. Traffic control devices are to be supplied by the permittee. If
used at night, they must be reflectorized and must be illuminated or have barricade
warning lights. Oil flares or kerosene lanterns are not allowed as a means of
illumination.
Part VI of the Manual on Uniform Traffic Control Devices shall be used as a
guide for all maintenance and construction signing. The permittee shall illustrate
on the permit the warning and control devices proposed for use. At the direction
of the Director, such warning and control devices shall be increased, decreased,
or modified. (Ord. O-94-17 § 9, 1994; Ord. O-82-59 § 1 (part), 1982;
Ord. O-75-71 § 5, 1975).
12.04.120 Construction standards and responsibility for
all public improvements.
The permittee shall be fully responsible for the cost and actual performance
of all work in the public way. The permittee shall do all work in conformance
with the Engineering Regulations, Construction Specifications, and Design Standards
adopted by the city. These standards shall apply to all work in the public way.
(Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 13, 1971).
12.04.130 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 with grousers are not permitted
on paved surface unless specific precautions are taken to protect the surface.
The permittee will be responsible for any damage caused to the pavement by the
operation of such equipment and, upon order of the Director, shall repair such
surfaces. Failure to do so will result in the use of the applicant's performance/warranty
guarantee by the city to repair any damage. (Ord. O-94-17 § 10, 1994; Ord.
O-82-59 § 1 (part), 1982; Ord. O-75-71 § 6, 1975).
12.04.140 Protection of property.
The permittee shall protect from injury any adjoining property by providing
adequate support and taking other necessary measures. The permittee shall, at
his own expense, shore up and protect all buildings, walls, fences or other
property likely to be damaged during the work, and shall be responsible for
all damage to public or private property resulting from failure to properly
protect and carry out work in the public way. (Ord. O-82-59 § 1 (part),
1982; Ord. O-71-24 § 15, 1971).
12.04.150 Relocation and protection of utilities.
Before any permittee begins excavation in any public way, he shall contact the
Utility Notification Center of Colorado and make inquiries of all ditch companies,
utility companies, districts, municipal departments and all other agencies that
might have facilities in the area of work to determine possible conflicts.
The permittee shall contact the Utility Notification Center of Colorado and
request field locations of all facilities in the area at least forty-eight hours
in advance. Field locations shall be marked prior to commencing work. The permittee
shall support and protect all pipes, conduits, poles, wires, or other apparatus
which may be affected by the work from damage during construction or settlement
of trenches subsequent to construction. (Ord. O-94-17 § 11, 1994; Ord.
O-82-59 § 1 (part), 1982; Ord. O-71-24 § 16, 1971).
12.04.160 Noise, dust, debris, hours of work.
Each permittee shall conduct work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property. In
the performance of the work, the permittee shall take appropriate measures to
reduce noise, dust, and unsightly debris. No work shall be done between the
hours of ten p.m. and seven a.m., nor at any time on Sunday, except with the
written permission of the Director, or in case of an emergency. (Ord. O-82-59
§ 1 (part), 1982; Ord. O-71-24 § 17, 1971).
12.04.170 Clean-up.
As the work progresses, all public rights-of-way and private property shall
be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All
clean-up operations shall be done at the expense of the permittee. (Ord. O-82-59
§ 1 (part), 1982; Ord. O-71-24 § 18, 1971).
12.04.180 Emergency work.
Any person maintaining facilities in the public way may proceed with repairs
upon existing facilities without a permit when emergency circumstances demand
that the work be done immediately. Emergency work is defined to mean any work
necessary to restore water, sewer, gas, phone, electric, and cable facilities.
Repairs on other facilities in the public way may also be administratively classified
as emergency by the Director. The person doing the work shall apply to the Director
for a permit on the first working day after such work has commenced. All emergency
work will require prior telephone notification to the City Police Department
of Public Safety and the appropriate fire protection district. (Ord. O-94-17
§ 12, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 19,
1971).
12.04.190 Preservation of monuments.
The permittee shall not disturb any surface monuments or survey hubs and points
found on the line of work unless approval is obtained from the Director. Any
monuments, hubs, and points disturbed will be replaced by a Colorado registered
land surveyor at the permittee's expense. (Ord. O-94-17 § 13, 1994; Ord.
O-82-59 § 1 (part), 1982; Ord. O-71-24 § 20, 1971).
12.04.200 Registration to do work.
All persons doing work within the public way under this chapter shall obtain a registration if required by Chapter 14.11 of this code.
The City Engineer may waive the registration requirements for any owner of a single-family residence desiring to repair their driveway or sidewalk provided the owner performs the work personally and upon satisfactory evidence to the City Engineer that the applicant is competent to perform the work. (Ord. O-2011-11 § 1, 2011; Ord. O-82-59 § 1 (part),
1982; Ord. O-71-24 § 21, 1971).
12.04.210 Boring.
Boring or other methods to prevent cutting of the pavement will be required
upon request of the Director. It is the city's intent to require boring only
when necessary on arterial and major and minor collector streets with high volumes
of traffic and/or high accident potential. (Ord. O-94-17 § 14, 1994; Ord.
O-82-59 § 1 (part), 1982; Ord. O-71-56 § 1, 1971; Ord. O-71-24 §
22, 1971).
12.04.220 Suspension or revocation of permits and stop
work orders.
A. Any permit may be revoked or suspended by the Director, after notice to the
permittee for:
1. Violation of any condition of the permit or of any provision of this chapter;
2. Violation of any provision of any other ordinance of the city or state law
relating to the work;
3. Existence of any condition or performance of any act which does constitute
or cause a condition endangering life or damage to property.
B. A suspension or revocation by the Director, and a stop work order, shall
take effect immediately upon notice to the person performing the work in the
public way.
C. A stop work order may be issued by the Director to any person or persons
doing or causing any work to be done in the public way without a permit, or
in violation of any provision of this chapter, or any other ordinance of the
city.
D. Any suspension or revocation or stop work order may be appealed by the permittee
to the Director by filing a written notice of appeal within ten days of the
action. (Ord. O-94-17 § 15, 1994; Ord. O-82-59 § 1 (part), 1982; Ord.
O-71-24 § 23, 1971).
12.04.230 Appeals procedure.
Any decision rendered by the Director may be appealed within thirty days by
the permittee to the Board of Appeals in accordance with the rules and procedures
established by that body. (Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24
§ 24, 1971).
12.04.240 Penalty.
If any person, firm or corporation, including but not limited to the officers
and agents of a corporation responsible for its actions or inaction, and the
partners of a partnership, firm or joint venture, shall violate or cause the
violation of any of the provisions of this chapter, they shall be guilty of
a separate offense for each and every day or portion thereof during which a
violation is committed, continues or is permitted, and upon conviction of any
such violation such person, firm or corporation, including but not limited to
such partners, officers or agents, shall be subject to the penalties set forth
in Subsection 1.16.020A. (Ord. O-96-44 § 13, 1996; Ord. O-94-17 §
16, 1994; Ord. O-84-87 § 7, 1984; Ord. O-82-59 § 1 (part), 1982; Ord.
O-71-24 § 25, 1971).
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