Chapter 12.20 RIGHT-OF-WAY CONSTRUCTION

A. Purpose. This code provides principles, procedures and associated funding for the placement and coordination of structures and facilities, construction excavation encroachments and work activities within or upon any public rights-of-way, and to protect the integrity of the road system. 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 ensure that the primary purpose of the rights-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 rights-of-way corridors for location of facilities is secondary to these public objectives. This code 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.

6. To establish a public policy for enabling the city to discharge its public trust consistent with the evolving federal and state regulatory policies, industry competition and technological development.

7. To promote and incentivize 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 (a) eliminate duplication of construction that is wasteful, unnecessary or unsightly, (b) lower the permittee’s program costs and the city’s costs of providing services to the public, and (c) minimize street cuts.

8. To assure that the city can continue to fairly and responsibly protect the public health, safety, and welfare. (Ord. 2023-1 § 1(I))

12.20.020 Definitions.

For the purpose of this chapter the following words shall have the following meanings:

A. “Applicant” means an owner or duly authorized agent of such owner who has submitted an application for a permit to excavate in the rights-of-way.

B. “Appurtenances” means 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, storm water, natural gas, broadband, and other utilities and services.

C. “City” means the city of Glendale, Colorado.

D. “Contractor” means a person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, or add to any improvements covered by this code, that requires work, workers, and/or equipment to be in the public right-of-way in the process of performing the above-named operations.

E. “Department” means the Department of Public Works.

F. “Developer” means the person, 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 or other land use or development authorization.

G. “Director” means the Director of Public Works of the city of Glendale and/or his/her authorized representative.

H. “Duct” or “conduit” means a single enclosed raceway for cables, fiber optics or other wires.

I. “Emergency” means 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 conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged electrical and communications facilities, and advanced notice of needed repairs is impracticable under the circumstances.

J. “Excavate” means any work in the surface or subsurface of the rights-of-way, including, but not limited to, opening the rights-of-way; installing, servicing, repairing or modifying any facility(ies) in or under the surface or subsurface of the rights-of-way; and restoring the surface and subsurface of the rights-of-way.

K. “Facilities” includes, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennas, poles, transmission structures, street lights, ducts, fixtures and appurtenances, and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utilities and other services.

L. “Fence” means any artificially 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. “Infrastructure” means any public facility, system, or improvement including, without limitation, water and sewer mains and appurtenances, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, sidewalks, and public safety equipment.

N. “Landscaping” means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees and nonliving natural materials commonly used in landscape development, as well as attendant irrigation systems.

O. “Major work” or “major excavation work” means any reasonably foreseeable excavation that will affect the rights-of-way for more than three (3) calendar days in any thirty (30) day period.

P. “Owner” means any person, including the city, who owns any facilities that are or are proposed to be installed or maintained in the rights-of-way.

Q. “Permit” means any authorization for use of the public rights-of-way granted in accordance with the terms of this code, and the laws and policies of the city.

R. “Permittee” means the holder of a valid permit issued pursuant to this chapter and other provisions of applicable law for excavation in the rights-of-way.

S. “Person” means any person, firm, partnership, special, metropolitan, or general district, association, corporation, company, or organization of any kind.

T. “Public rights-of-way” or “rights-of-way” or “public way” means any public street, way, place, alley, sidewalk, easement, and city-owned rights-of-way dedicated to public use. For purposes of this chapter, parks, trails, and landscape/signage easements are not considered rights-of-way.

U. “Routine maintenance” means maintenance of facilities or landscaping in the public rights-of-way which does not involve excavation, installation of new facilities, lane closures, sidewalk closures or damage to any portion of the public rights-of-way.

V. “Specifications” means engineering regulations, construction specifications, and design standards adopted by the city.

W. “Stop work order” means the order directing that work cease as described in Section 12.20.250.

X. “Structure” means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies, and canopies.

Y. “Surplus ducts or conduits” are 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.

Z. “Work” means any use or storage of equipment or materials, or any labor performed including, but not limited to, the construction, maintenance and repairs of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, landscaping, bus shelters, bus pads, street lights, and traffic signal devices. It shall also mean construction, maintenance, and repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structure located below surface, and installation, maintenance and repair of overhead poles and wires used for any purpose. (Ord. 2023-1 § 1(II))

12.20.030 Police powers.

The permittee’s rights hereunder are subject to the police powers of the city, which include the power to adopt and enforce ordinances, including amendments to this code, necessary to the safety, health, and welfare of the public. The permittee shall comply with all applicable laws, regulations, 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 code and the permit to the contrary. Any conflict between the provisions of the code or the permit and any other present or future lawful exercise of the city’s police powers shall be resolved in favor of the latter. (Ord. 2023-1 § 1(III))

12.20.040 Permit required.

A. No person except an employee or official of the city or a person exempted by contract with the city shall undertake or permit to be undertaken any construction, excavation, or work in the public rights-of-way without first obtaining a permit from the city as set forth in this chapter, except as provided in Section 12.20.240. Each permit 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.

B. Construction, Excavation or Work Area. No permittee shall perform construction, excavation, or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application. If, after construction, excavation, or work is commenced under an approved permit, it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the permit application or for a longer period of time, the permittee shall notify the Director immediately and within twenty-four (24) hours shall file a supplementary application for the additional construction, excavation, or work.

C. Permit Transferability or Assignability. The applicant may subcontract the work to be performed under a permit; provided, that the permittee shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this code and agrees to be bound by all requirements of the permit and this code.

D. Developer Ownership of Public Infrastructure. In the city, the physical construction of public infrastructure in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until acceptance by the city. 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 work performed is not in accordance with applicable city specifications and applicable provisions of this chapter.

E. Except as provided in Section 12.20.240, any person or utility found to be conducting any excavation activity within the public rights-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted. A surcharge to be set by City Council resolution shall be required in addition to all applicable permit fees.

F. Permittee shall have a current contractor’s license with the city and shall have paid all license fees therefor. (Ord. 2023-1 § 1(IV))

12.20.050 Permit application – Permit contents.

A. An applicant for a permit to allow construction, excavation, or work in the public rights-of-way under this section shall:

1. File a written application on forms furnished by the city which include the following: the date of application; the name and address of the applicant; the name and address of the developer, contractor or subcontractor licensed to perform work in the public rights-of-way; the exact location of the proposed construction, excavation or work activity; the type of existing public infrastructure (street pavement, curb and gutter, sidewalks or utilities) impacted by the construction, excavation or work; the purpose of the proposed construction, excavation or work; the dates for beginning and ending the proposed construction, excavation or work; proposed hours of work; itemization of the total cost of restoration if required, based upon RSMeans estimating standards or, at the discretion of the Director, other published street repair cost-estimating standards; and type of work proposed. The forms furnished by the city will also include:

a. An affirmative statement that the applicant or its contractor is not delinquent in payments due the city on prior work.

b. A signed statement verifying that all orders issued by the city to the applicant requiring the applicant to correct deficiencies under previous permits, issued under this code have been satisfied. This verification shall not apply to outstanding claims which are honestly and reasonably disputed by the applicant, if the applicant and the city are negotiating in good faith to resolve the dispute.

c. A statement indicating any proposed joint use or ownership of the facility; any known existing facility or permit of the applicant at this location; any known existing facility 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.

2. Attach copies of all permits or licenses (including required insurance, deposits, bonding, and warranties) required to do the proposed work, and to work in the public rights-of-way, if licenses or permits are required under the laws of the United States, the state of Colorado, or the 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 permits or licenses shall be provided to the city within forty-eight (48) hours after receipt.

3. Provide a satisfactory plan of work acceptable to the Director showing protection of the subject property and adjacent properties.

4. Provide a satisfactory plan for the protection of existing landscaping acceptable to the Director, when the city determines that damage may occur.

5. Include with the application engineering construction drawings or site plans for the proposed construction, excavation, or work.

6. Confirmation in all submitted plans for projects that involve utility boring or that have an anticipated excavation footprint of greater than two (2) feet in depth and a contiguous area of five hundred (500) square feet or more shall include plans that meet or exceed American Society of Civil Engineers (ASCE) Quality Level B.

7. Include with the application a satisfactory traffic control and erosion protection plan for the proposed construction, excavation, or work.

8. Pay the fees prescribed by this code.

B. Applicants shall update any new information on permit applications within ten (10) days after any material change occurs.

C. Joint Applications. Applicants may apply jointly for permits to work in public rights-of-way at the same time and place. Applicants who apply jointly for permits may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. (Ord. 2023-1 § 1(V))

12.20.060 Blanket maintenance permits.

A. A public rights-of-way permit shall not be required for routine maintenance in the public rights-of-way. However, other maintenance operations within the public rights-of-way which involve traffic lane closures or sidewalk closures shall require a public rights-of-way permit. To expedite the process for ongoing maintenance operations, owners of facilities within the public rights-of-way may, at their sole option and in the alternative to obtaining individual public rights-of-way permits, obtain a blanket maintenance permit pursuant to this section.

B. A blanket maintenance permit shall be valid from the date of issuance of the permit for up to twelve (12) consecutive months. Under no circumstances shall a blanket maintenance permit be valid for more than one (1) year.

C. A blanket maintenance permit shall not, under any circumstances, authorize any pavement disturbance or installation of new facilities. Notwithstanding the foregoing, existing facilities may be removed and replaced with new facilities, if no excavation or pavement disturbance is required.

D. Any person seeking a blanket maintenance permit shall file an application on a form provided by the city which includes the following information:

1. The date of application.

2. The name, address and telephone number of the applicant.

3. A general description of the maintenance operations.

4. Any location of maintenance operations known at the time of application.

5. Traffic control plans as required by this section and Section 12.20.140, Traffic control.

6. If applicable, documentation of the approval for work required in landscaped medians.

E. The applicable permit fee as set by Section 12.20.070, Permit fee, shall accompany the application when submitted.

F. Blanket maintenance permits shall be subject to all applicable provisions of this code.

G. A blanket maintenance permit shall not require a performance bond, letter of credit or warranty. Work performed pursuant to a blanket maintenance permit shall not be subject to the specific inspections set forth in Section 12.20.110, but may be subject to random inspection by the city to ensure compliance with the terms of the blanket maintenance permit and applicable provisions of this code. (Ord. 2023-1 § 1(VI))

12.20.070 Permit fee.

Before a permit is issued pursuant to this code, the applicant shall pay to the city a permit fee, which shall be determined in accordance with a fee schedule as provided in Exhibit A, which may be amended by the City Council from time to time.

Exhibit A – Permit Fees
Right-of-Way Construction and Street Occupancy
Permit Fees
Permittee	Permit No.				Project Descriptor
	Fee	Per Unit	Number of Units	Total		Minimum	Extended Cost
Deposit* (Variable depending upon complexity of project)	$250.00	each		$0.00	or	$250.00	$0.00
Fee Structure
Concrete Sidewalks, Remove and Replace	$2.00	square foot		$0.00	or	$50.00	$0.00
Concrete Curbs/Gutter, Remove and Replace	$3.00	linear foot		$0.00	or	$30.00	$0.00
Asphalt, Remove and Replace – 600' x 4'	$1.10	square foot		$0.00	or	$50.00	$0.00
Core Holes in Concrete and Repair	$25.00	hole		$0.00	or	$40.00	$0.00
Core Holes in Asphalt and Repair – (est. 6)	$30.00	hole		$0.00	or	$50.00	$0.00
Cutting and Repairing Sod Areas	$2.00	square foot		$0.00	or	$30.00	$0.00
Cutting and Repairing Irrigation Lines	$2.00	linear foot		$0.00	or	$30.00	$0.00
Underground Work Below ROW (Boring)	$0.10	linear foot		$0.00	or	$25.00	$0.00
Municipal Review (Meetings, Plan and TCP)	$50.00	hour		$0.00	or	$25.00	$0.00
Blocking Driving Lane in Street (With Detour)*	$250.00	per lane per day		$0.00	or	$300.00	$0.00
Blocking Sidewalk (With Pedestrian Detour)*	$20.00	per walk per day		$0.00	or	$30.00	$0.00
* (Must receive traffic control plan approval)
Inspections
First	$0.00	each					$0.00
All Others	$50.00	hour			or	$25.00	$0.00

				$0.00		Total	$0.00

* Deposit is refundable upon request after warranty period, less permit/repair fees. Deposits are based on size and scope of project.

Note: Original fee calculation is based upon best available data.

Final fee adjustment will be based upon actual events and as-built conditions

Please make check payable to: City of Glendale, remit to: 601 S. Elm St. Glendale, CO. 80246

Contact City of Glendale at (303) 639-4500 for Glendale related locates only.

Permit covers Glendale owned right-of-way, does not cover CDOT Property or private property.

(Ord. 2023-1 § 1(VII))

12.20.080 Insurance and indemnification.

A. Unless otherwise specified in a franchise agreement between the permittee and the city, prior to the granting of any permit, the permittee shall file with the city a current insurance policy or certificate in a form satisfactory to the city with coverage as follows:

1. The permittee shall carry and maintain in full effect at all times a commercial general liability policy, including broad form property damage, completed operations contractual liability, explosion hazard, collapse hazard, underground property damage hazard, commonly known as XCU, for limits not less than two million dollars ($2,000,000) each occurrence for damages of bodily injury or death to one (1) or more persons; and separately two million dollars ($2,000,000) each occurrence for damage to or destruction of property. The Director may require greater amounts of coverage for permits that involve a significantly large scope and/or uniquely hazardous facilities where the standard limits may not adequately cover the value of a possible loss.

2. Workers compensation insurance as required by state law.

3. City departments shall be relieved of the obligation of submitting a certificate of insurance.

4. Notwithstanding the foregoing, the Director may waive any insurance requirement or other requirements addressing financial security for (a) a governmental entity, or (b) other entity if such other entity is deemed to provide sufficient coverage through self-insurance, in his or her sole reasonable discretion.

B. Whenever any person has filed with the city evidence of insurance or self-insurance as required, any additional or subsequent permit holder in the employ of said initial person 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 permittee’s insurance policy.

C. Each permittee shall construct, maintain, and operate its facilities in a manner which provides protection against injury or damage to persons or property.

1. The permittee, for itself and its related entities, agents, employees, subcontractors, and the agents and employees of said subcontractors, shall save the city harmless, 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, as incurred, arising out of the installation, maintenance, operation or any other work or activity in the public rights-of-way or by the permittee related to its use thereof, including, but not limited to, the actions of the permittee, its employees, agents, contractors, related entities, successors and assigns, or the securing of and the exercise by the permittee of the permit rights granted in the permit, 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 code or other applicable law.

2. Following the receipt of written notification of any claim, the permittee 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 permit. If at any time, however, permittee refuses to defend, and the city elects to defend itself with regard to such matters, the permittee shall pay all reasonable expenses incurred by the city related to its defense.

3. In the event the city institutes litigation against the permittee for a breach of the permit or for an interpretation of this code and the city is the prevailing party, the permittee 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.

4. In the event the permittee is a public entity, the indemnification requirements of this section shall be subject to the provisions of the Colorado Governmental Immunity Act. (Ord. 2023-1 § 1(VIII))

12.20.090 Deposits.

A. Unless otherwise specified in a franchise agreement between the permittee and the city, before any permit required by this chapter shall be issued to an applicant, the applicant shall file with the Director a two-hundred-fifty-dollar ($250.00) minimum damage deposit per permit. Deposits will be refunded, upon request of the applicant and within ninety (90) days, when a satisfactory final inspection of the construction site and required easements are completed. The Director reserves the right to increase the initial amount of the deposit and/or require additional deposits based on scope of the project. The Director may also require a bond based on the scope of the project and form of the bond may be subject to review and approval by the City Attorney or special counsel.

B. A letter of responsibility in a form acceptable to the City Attorney or special counsel will be accepted in lieu of a deposit from all public utilities, all franchised entities, and all metropolitan, water and sanitation districts operating within the city.

C. The performance bond, letter of credit or letter of responsibility shall remain in force and effect by annual renewal for three (3) years following completion and acceptance of the street cut, excavation or lane closure. (Ord. 2023-1 § 1(IX))

12.20.100 Performance warranty/guarantee.

A. Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public rights-of-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 warrants and guarantees complete performance of the work in a manner acceptable to the city and warrants and guarantees all work done for a period of three (3) years after the date of probationary acceptance, and agrees to maintain upon demand and to make all necessary repairs during the three (3) year period. This warranty 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 or the ordinances of the city.

C. The three (3) year warranty period shall run from the date of the city’s probationary acceptance of the work. If repairs are required during the three (3) year warranty period, those repairs need only be warranted until the end of the initial three (3) year period starting with the date of probationary acceptance. It is not necessary that a new three (3) year warranty be provided for subsequent repairs after probationary acceptance.

D. At any time prior to completion of the three (3) year warranty period, the city may notify the permittee in writing of any needed repairs. Such 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.

E. The warranty described in this section shall cover only those areas of work undertaken by a permittee, and not directly impacted by the work of any other permittee or the city. In the event that a portion of work warranted by permittee is subsequently impacted by work of another permittee or the city during the warranty period, that other permittee or the city shall assume responsibility for repair to the subsequently impacted sections of rights-of-way. (Ord. 2023-1 § 1(X))

12.20.110 Inspections.

Except as otherwise provided in this section, a minimum of three (3) inspections shall take place. First, the permittee or the city may request that the city conduct a pre-construction inspection, to determine any necessary conditions for the permit. Second, the permittee shall notify the city immediately after completion of work operations. The permittee shall provide the city any GIS location data, as-built drawings or any other electronic data describing the location and work performed in the form of a shapefile (.shp file). The city shall inspect the provided shapefile (.shp file) and the completed work within twenty-one (21) days of permittee’s notification. Probationary acceptance will be made if all work meets city and permit standards. Third, approximately thirty (30) days prior to the expiration of the three (3) year guarantee, the city shall conduct a final inspection of the completed work. If the work is still satisfactory and by written request of the permittee within ninety (90) days the deposit shall be returned or forfeited to the city with a letter of final acceptance, less any amounts needed to complete work not done by permittee. Upon review of the application for a permit, the Director shall determine how many additional inspections, if any, may be required. For work which does not involve material disturbance in the rights-of-way, the Director shall waive the final inspection and the deposit. (Ord. 2023-1 § 1(XI))

12.20.120 Public safety.

The permittee shall maintain a safe work area, free of safety hazards. The city may make any repair necessary to eliminate any safety hazards not performed as directed. Any such work performed by the city shall be completed and billed to the permittee. The permittee shall pay all such charges within thirty (30) days of the statement date. If the permittee 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. The city shall not issue any further permits of any kind to said permittee until all outstanding charges (except those outstanding charges that are honestly and reasonably disputed by the permittee and being negotiated in good faith with the city) have been paid in full. (Ord. 2023-1 § 1(XII))

12.20.130 Time of completion.

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 within sixty (60) days after issuance, and within thirty (30) days of work commencing unless an extension has been granted by the Director. Performance bonds, letters of credit or letters of responsibility deposited as a performance/warranty guarantee for individual permits will be returned after voiding of the permit, with administrative and any other city costs deducted. (Ord. 2023-1 § 1(XIII))

12.20.140 Traffic control.

A. When it is necessary to obstruct traffic, a traffic control plan shall be submitted to the city prior to starting construction. No permit will be issued until the plan is approved by the city. No permittee shall block 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 the permittee provides the city with written verification of written notice delivered to the owner or occupant of the facility, equipment or property at least three (3) days in advance. 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, other government entities, and transit organizations.

B. 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. Additionally, the permittee may be required to maintain a traffic control supervisor (TCS) on site as necessary for public safety and as required by the Director.

C. 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. Allowable work hours are 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding city-observed holidays. No construction shall be performed nor shall any traffic lane be closed to traffic during the hours of 7:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. without the approval of the Director.

D. 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. The Director may also require that the permittee provide a traffic control supervisor.

E. Oil flares or kerosene lanterns are not allowed as means of illumination. Nighttime work area floodlighting 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.

F. Part VI of the Manual on Uniform Traffic Control Devices or any successor publication thereto 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 modified.

G. Maintenance and Construction Signing. The contractor 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 roadway users and pedestrians during nonwork hours. During nonwork 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 during nonwork hours by the city shall be corrected immediately by the contractor. For purposes of this section, “immediately” means one (1) hour from verbal notification. If the contractor is not available or cannot be found, the city may make such corrections and the contractor shall pay the actual costs plus a penalty of fifty percent (50%) of the amount thereof. (Ord. 2023-1 § 1(XIV))

12.20.150 General 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 permittee is made aware, regarding rights-of-way issues that may impact its facilities, including planning meetings to anticipate joint trenching and boring. At the city’s discretion, the meetings may be held in person or by remote means. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, permittee shall work with other providers, licensees, permittees, and franchisees so as to reduce so far as possible the number of rights-of-way cuts within the city and the amount of pedestrian and vehicular traffic that is obstructed or impeded.

B. Minimal Interference. Work in the rights-of-way, on other public 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. Permittee’s facilities 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, conduits, pedestals, structures, or other facilities that may have been laid in the rights-of-way by, or under, the city’s authority. The permittee’s facilities shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the city may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights-of-way or other public property to include but not be limited to: access to parking, driveways, alleys and loading/unloading areas, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic, except as approved under a traffic control plan or as provided under Section 12.20.240.

C. Underground Construction and Use of Poles.

1. When required by general ordinances, resolutions, regulations or rules of the city or applicable state or federal law, permittee’s facilities shall be placed underground at no cost to the city. Placing facilities underground does not preclude the use of ground-mounted appurtenances.

2. Where all facilities are installed underground at the time of permittee’s construction, or when all such facilities are subsequently placed underground, all permittee facilities that by their nature can function underground, 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. Related equipment, such as pedestals, must be placed in accordance with the city’s applicable code requirements in Title 17. In areas where existing facilities are aerial, the permittee may install aerial facilities.

3. For aboveground facilities, the permittee shall utilize existing poles and conduit wherever possible.

4. 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 permittee shall allow the city to place its facilities in the permittee’s trenches and bores, provided the city incurs any incremental increase in cost of the trenching and boring. Should the city desire to install facilities such as 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 facilities buried in the permittee’s trenches and bores under this subsection.

D. Utility Separation.

1. Water, Storm Water and Sanitary Sewer Horizontal and Vertical Separation Requirements. The city of Glendale follows Denver Water standards for water and city of Aurora standards for roadway, storm water and sanitary construction and maintenance. In order to support the maintenance of the water, storm water and sanitary systems, it is important to maintain horizontal and vertical clearances from city water, storm water and sanitary sewer lines. The city requires the permittee to provide adequate clearance from existing and proposed city utilities and facilities. The clearances are measured from outside of pipe to outside of pipe and are as follows:

a. A ten (10) foot minimum horizontal separation from any dry underground and aboveground utility shall be provided for water mains, storm water mains and sanitary sewer mains.

b. A three (3) foot minimum horizontal separation from any dry underground utility shall be provided for water, storm water and sanitary sewer service connections.

c. A two (2) foot minimum vertical separation from any dry underground utility crossing shall be provided above and below water distribution, reclaimed, and sewer mains. NOTE: Distribution mains are water mains sixteen (16) inches and smaller in diameter.

d. A three (3) foot minimum vertical separation from any dry underground utility crossing shall be provided above and below transmission water mains. NOTE: Transmission mains are water mains sixteen (16) inches and larger in diameter.

e. A one (1) foot minimum vertical separation from any dry underground utility crossing shall be provided above and below water and sewer service connections.

f. Clearance around pre-stressed reinforced concrete pipe (RCP) will require four (4) foot vertical clearance or as required by the Department.

g. Any more stringent separation requirements required by federal, state, or local codes or ordinances take precedence. An applicant requesting a variance from the above minimum clearances must do so in writing to the city at the attention of the Director. The request shall identify each utility clearance requirement for which a variance is requested and the reasons why a variance should be granted. The Director shall decide whether a variance should be granted. Any variance decision shall be in writing from the Director.

h. When utility conflicts are found during construction, all changes and variances must be preceded by an approved plan revision. Construction plans showing water and sewer mains/service connections that do not agree with the city’s information must be accompanied by stamped utility location sheets showing the exact location of the underground structures.

2. Manhole and Vault Separation Requirements.

a. The Director must approve placement of all manholes and handholes in advance. A detail drawing of the manhole and/or vault must be submitted to the Department, for review, where it will be kept on file. The drawings must include the ring and lid detail. The city will review the submittal for approval to construct in asphalt and landscape areas. Placement of manholes, handholes, and pull boxes in sidewalks, unless approved by the Director, is prohibited.

b. The city will review, on a case-by-case basis, instances where the permittee provides a substantial reason why placement of the manhole, vault, handhole or pull box in the sidewalk is necessary. When plans are submitted for permit approval the manhole, vault, handhole or pull box type must be called out to be cross-referenced with the manhole, vault, handhole or pull box detail submitted or meeting appropriate (water, storm water, and sanitary sewer) city standards.

c. Due to size of various manholes and vaults, the city may allow proposed manhole and vault installations to encroach on the six (6) foot minimum horizontal separation requirement as long as the manhole or vault extends at least to the bottom level of the city’s water, storm water or sanitary sewer facility. This requirement is needed so that the city’s facility does not undermine the permittee’s facility. The city still requires at least three (3) feet of clearance in these cases, but the utility lines still need to maintain the required ten (10) foot horizontal separations from water, storm water and sanitary sewer facilities.

E. Use of Conduits by the City. Unless otherwise restricted by tariff, the city may install or affix and maintain its own facilities for city purposes in or upon any of permittee’s ducts, conduits or equipment in the rights-of-way and other public places, at a charge to be negotiated between the parties, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. 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.

F. Common Users.

1. 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 conduit system by any other entity which may at the time have authority to construct or maintain conduits or ducts in the rights-of-way, the city may require permittee to afford to such entity the right to use permittee’s surplus ducts or conduits in common with permittee. Such use shall be pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by permittee and the other entity. Notwithstanding the foregoing, the city shall not require such shared use with entities providing services in competition with permittee, and/or if such a requirement is otherwise prohibited by federal or state law or regulations. 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. All facilities shall meet any applicable local, state, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of contracts executed between permittee 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 permittee for any fines, fees, damages or other costs the common user’s attachments cause permittee to incur. (Ord. 2023-1 § 1(XV))

12.20.160 Joint planning and construction – Coordination of excavations.

A. Excavations in city rights-of-way disrupt and interfere with the public use of city streets and can either damage the pavement and landscaping or preclude future landscaping or other installations in the right-of-way. The purpose of this section is to reduce this disruption, interference and damage of the right-of-way by promoting and incentivizing better coordination among permittees making excavations and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure the excavations in city rights-of-way are, to the maximum extent possible, combined and/or performed before, rather than after, the resurfacing of the streets by the city.

B. Any permittee owning, operating or installing facilities in city rights-of-way, providing water, sewer, gas, electric, broadband, communication, video or other utility services, shall meet and present annually with the Director, at the Director’s request, the permittee’s infrastructure master plan. At such intervals, to the extent not already in possession of the city, permittee shall submit documentation, in a form required by the Director, showing a location of the permittee’s existing, currently proposed, and future to be proposed facilities in the city rights-of-way. Permittee shall discuss with the Director its infrastructure master plan, and identify planned major excavation work in the city. The Director may make his or her own record on a map, drawing or other documentation, of each permittee’s planned major excavation work in the city; provided, however, that no such document prepared by the Director shall identify a particular entity, or the planned major excavation work of that particular entity. Permittee shall meet with the Director to discuss its initial infrastructure master plan no later than sixty (60) days after submitting its first permit application. Thereafter, each permittee shall submit annually, on the first regular business day of January, a revised and updated infrastructure master plan. Such revised and updated plan shall be submitted in both hard copy and digital format. As used in this subsection, the term “planned major excavation work” refers to any future excavations planned by the permittee when the infrastructure master plan or update is submitted that will affect any city rights-of-way for more than three (3) days; provided, that the permittee shall not be required to identify future major excavations planned to occur more than one (1) year after the date that the permittee’s master plan or update is discussed. Between the annual meetings to discuss planned major excavation work, permittee shall use its best efforts to inform the Director of any substantial changes in the planned major excavation work discussed at the annual meeting.

C. The Director shall review the infrastructure master plan and identify conflicts and opportunities for coordination of excavations. Following receipt of the permittee’s existing currently proposed, and future major work mapping information, the Director may electronically post the information in order that it can be reviewed by affected owners and permittees of such conflicts and opportunities to the extent necessary to maximize coordination of excavation. Each applicant for a permit shall coordinate, to the extent practicable, with planned city operations and each potentially affected owner and permittee to minimize disruption in the rights-of-way, regardless of whether such coordination was initiated by the Director.

D. The city may disclose information contained in a permittee’s infrastructure master plan to any public or private entity planning on conducting excavation activities in the rights-of-way only on a need-to-know basis in order to facilitate coordination among excavators and to avoid unnecessary excavation in the rights-of-way. To the maximum extent permissible under the Colorado Open Records Act, as amended, the city shall not otherwise disclose to the public any information contained in mapping information submitted by a permittee that is proprietary, trade secret or is otherwise protected from disclosure; provided, however, that the city shall have no duty to decline to disclose any information that the permittee has not identified on its face as proprietary, trade secret or otherwise protected from disclosure. The city shall notify a permittee of any request for inspection of public records that calls for disclosure of any infrastructure master plan on which any information has been identified as proprietary, trade secret or otherwise protected from disclosure. The city shall consult with its legal counsel regarding any such request and shall inform the affected permittee either that the city will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the city intends to disclose the requested information unless ordered otherwise by a court.

E. The Director shall prepare a pavement management plan showing the street maintenance planned by the city. For purposes of this section, the pavement management plan shall include a landscaping or other rights-of-way improvement plan. The pavement management plan shall be revised and updated on an annual basis after meeting to discuss the permittee’s and city department’s master plans and updates. The Director shall make the city’s pavement management plan available for public inspection. In addition to any other form of communication, after determining the street resurfacing and rights-of-way and maintenance work that is proposed for each year, the Director shall post a notice of the proposed work on the city’s website or other designated electronic location, in order to provide notice of the proposed street maintenance work to all permittees that have had an annual meeting with the Director, and those broadband providers that are identified on the list maintained by the Colorado Department of Transportation pursuant to C.R.S. Section 38-5.5-109(1)(b).

F. Prior to applying for a permit, any person planning to excavate in the city’s rights-of-way shall review the city’s pavement management plan on file with the Director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to and avoid undue disruption and interference with the public use of such rights-of-way. Without such coordination, future work within repaved areas may be limited, in the discretion of the Director, to prevent premature disturbance of newly paved surfaces.

G. In performing location of facilities in the public rights-of-way in preparation for construction under a permit, permittee shall compile all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit, according to state utility locating rules and parameters, and shall make that information available to the city in a graphical and verified format acceptable to the Director. If the permittee fails to provide the location information requested by the city, the city may obtain this information and charge the permittee the actual costs for obtaining the information.

H. Prior to undertaking any work in the rights-of-way or related landscaping, the city may notify all permittees of the city work to be performed. Upon such notification, all permittees shall, within seven (7) days, locate their facilities in the rights-of-way in which the work will be performed, and provide documentation in a format acceptable to the Director of the permittee’s facilities in that right-of-way. (Ord. 2023-1 § 1(XVI))

12.20.170 Joint excavation.

A. Private Entity Excavators. Whenever two (2) or more permittees propose major work in the same block within a one (1) year period, such work shall be performed by one (1) private entity excavator. For purposes of this subsection, the private entity excavators shall coordinate all permits as a single permit applicant and shall submit one (1) application.

B. Public Entity Excavator and Private Entity Excavator. Whenever a public entity excavator(s) and a private entity excavator(s) propose major work in the same block within a three (3) year period, the Department shall condition permits for such work in a manner that maximizes coordination and minimizes the total period of construction.

C. Whenever any new public facilities are constructed, whether by the city or other public entity as a public works project, the following shall be required:

1. In all streets serving or abutting residential development, and in all new streets serving or abutting nonresidential development, a minimum of six (6) two (2) inch conduits with pull boxes on both sides of every street crossing/intersection with one (1) pull box centered mid-block between, or if installations are proposed in rights-of-way with block lengths longer than seven hundred (700) feet, then at a minimum of five hundred (500) foot intervals or less (and at every ninety (90) degree turn) shall be installed by the party constructing the new facilities; provided, however, that at the discretion of the Director, the number and size of the conduits and spacing of pull boxes may be modified to address the reasonably known plans and/or demand for broadband or future technology capacity in these locations.

2. In addition to installing conduit, the party constructing the facilities will be required to install such vaults and other appurtenances as may be necessary to accommodate installation and connection of broadband facilities within the conduit as defined by the city either before or during permitting.

3. All construction and installation shall be accomplished according to construction standards adopted by the city. The construction standards shall be adopted with due consideration given to existing and anticipated technologies and consistent with industry standards.

4. All facilities installed by developers pursuant to this section shall be conveyed and dedicated to the city with the dedication and conveyance of the public street and/or rights-of-way.

5. All installation costs shall be the responsibility of the party constructing the public facilities.

6. Use by Broadband Service Providers and Network Owners. Whenever conduit installed or to be installed under this section is available or will become available within a street or rights-of-way upon dedication, all broadband service providers or network owners thereafter locating facilities within such street or rights-of-way shall be required to locate their communications lines within such conduit unless it can be demonstrated to the reasonable satisfaction of the city that such location is not technologically feasible or reasonably practicable. Conduit capacity shall be allocated to broadband service providers or network owners on a first-come, first-served basis; provided, that the city may reserve capacity within such conduits for its own use; and provided further, that the Director may adopt additional rules for conduit allocation in order to ensure that all broadband service providers and network owners have reasonable access to the rights-of-way and that no barriers to entry or competition result from the allocation of conduit space.

7. Fees. The city reserves the right to charge reasonable fees for the use of conduit installed pursuant to this section, to the extent consistent with and as limited by federal and state laws. Any such fees shall be established by resolution or ordinance.

D. Excavations Not Identified on Major Work Plans. When an applicant seeks a permit for an excavation, and such excavation has not been identified on a major excavation plan so as to allow the city to coordinate joint excavation prior to application as set forth in subsections A and B of this section, an applicant may, in the discretion of the Director, be required to circulate a description of the proposed excavation to other permittees and parties described in Section 12.20.160(E), to determine whether any persons have construction requirements or opportunities for coordinating joint excavations along the proposed route.

1. The persons notified should be provided with the applicant’s proposed route plan, the target commencement date and the estimated completion date.

2. Within ten (10) working days after the notification required by this subsection, any interested person must notify the applicant of their requirements so that the applicant may incorporate these requirements, where reasonable, in its permit application. The applicant should summarize the responses it receives from other persons in its application.

3. If the applicant believes that it is not reasonably feasible to entertain the requests made by another person(s) for conditions of joint excavation, it should notify city and the other person(s) within ten (10) working days from the date of receiving the requirements from the other person(s) and provide reasons why it is considered not reasonable to do so. The parties are expected to endeavor to resolve any technical or commercial concerns among themselves, and the applicant shall report the results of these efforts together with its application for a permit.

E. Waiver of Joint Excavation Requirements. Permit applicants may seek a waiver of the joint excavation requirements with respect to a particular excavation.

1. Except in cases of emergencies, within thirty (30) calendar days of receipt of a written request for a waiver, the Director, in his or her discretion, may grant a waiver to the joint excavation requirements for good cause. In making his or her decision on the request for waiver, the Director shall consider the impact of the proposed excavation on the neighborhood, the applicant’s need to provide services to a property or area, facilitating the deployment of new technology and improved services, and the public health, safety, welfare, and convenience. The Director shall indicate in written, electronic, or facsimile communication the basis for granting any waiver pursuant to this subsection.

2. The Director may waive the requirements for joint excavation in cases where emergency conditions exist.

F. The Director may place additional conditions on any permit(s) subject to a waiver, including, without limitation, the charging of additional fees. The Director’s decision regarding waivers of the joint excavation requirements shall be final. (Ord. 2023-1 § 1(XVII))

12.20.180 Construction of new streets.

A. Intent. The intent of this section is to provide for the construction of infrastructure sufficient to allow broadband communications entities desiring to deploy facilities in the future to do so by pulling the same through the conduit and appurtenances installed pursuant to this section and without additional excavation within the rights-of-way. This section is intended to require those constructing public streets, including the city and developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future broadband needs within the rights-of-way without further excavation.

B. Requirements – Adoption of Standards. Whenever any new public street is constructed, whether by the city or other public entity as a public works project or by a developer in conjunction with development, the following shall be required:

1. In all new streets serving or abutting residential development, and in all new streets serving or abutting nonresidential development, a minimum of six (6) two (2) inch conduits with pull boxes on both sides of every street crossing/intersection with one (1) pull box centered mid-block between, or, if installations are proposed in rights-of-way with block lengths longer than seven hundred (700) feet, then at a minimum of five hundred (500) foot intervals or less (and at every ninety (90) degree turn) shall be installed by the party constructing the street; provided, however, that at the discretion of the Director, the number and size of the conduit and spacing of pull boxes may be modified to address the reasonably known plans and/or demand for broadband or future technology capacity in these locations.

2. In addition to installing conduit, the party constructing the street will be required to install such vaults and other appurtenances as may be necessary to accommodate installation and connection of broadband facilities within the conduit as defined by the city either before or during permitting.

4. All facilities installed by developers pursuant to this section shall be conveyed and dedicated to the city with the dedication and conveyance of the public street and/or rights-of-way.

5. All installation costs shall be the responsibility of the party constructing the public street.

C. Use by Broadband Service Providers and Network Owners. Whenever conduit installed or to be installed under this section is available or will become available within a newly constructed public streets or rights-of-way upon dedication, all broadband service providers or network owners thereafter locating facilities within such street or rights-of-way shall be required to locate their communications lines within such conduit unless it can be demonstrated to the reasonable satisfaction of the city that such location is not technologically feasible or reasonably practicable. Conduit capacity shall be allocated to broadband service providers or network owners on a first-come, first-served basis; provided, that the city may reserve capacity within such conduits for its own use; and provided further, that the Director may adopt additional rules for conduit allocation in order to ensure that all broadband service providers and network owners have reasonable access to the rights-of-way and that no barriers to entry or competition result from the allocation of conduit space.

D. Fees. The city reserves the right to charge reasonable fees for the use of conduit installed pursuant to this section, to the extent consistent with and as limited by federal and state laws. Any such fees shall be established by resolution or ordinance. (Ord. 2023-1 § 1(XVIII))

12.20.190 Minimizing the impacts of work in the rights-of-way.

A. Relocation and Protection of Utilities. Before beginning excavation in any public way, a permittee shall contact the Utility Notification Center of Colorado (UNCC) and, to the extent required by C.R.S. Section 9-1.5-102 et seq., make inquiries of all ditch companies, utility companies, broadband providers, districts, local government departments, and all other agencies that might have facilities in the area of work to determine possible conflicts.

The permittee shall contact the UNCC and request field locations of all facilities in the area pursuant to UNCC requirements. Field locations shall be marked prior to commencing work. The permittee shall support and protect all pipes, conduits, poles, wires, or other apparatus which may be affected by the work from damage during construction or settlement of trenches subsequent to construction.

B. Noise—Dust—Debris—Hours of Work. Each permittee shall conduct work in accordance to all applicable laws and 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 7:00 p.m. and 7:00 a.m., any time on Sunday, nor a city-observed holiday, except with the written permission of the Director, or in case of an emergency.

C. Trash and Construction Materials. Each permittee shall maintain the work site so that:

1. Trash and construction materials are contained so that they are not blown off of the construction site.

2. Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard.

3. Trash dumpsters and storage or construction trailers are not placed in the street without specific approval of the Director.

D. Deposit of Dirt and Material on Roadways. Each permittee shall utilize their best efforts to eliminate the tracking of mud or debris upon any street or sidewalk. Streets and sidewalks shall be cleaned of mud and debris at the end of each day. All equipment and trucks tracking mud and debris into the rights-of-way shall be cleaned of mud and debris at the end of each day or as directed by the Director.

E. Protection of Trees and Landscaping. Each permittee shall protect trees to include: tree canopy, root mass and structure, plant material, landscape, and landscape features as required by the city. All protective measures shall be provided at the expense of the permittee.

F. 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 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 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, and, possibly, the requirement of additional warranty(s).

G. Protection of Property. Each permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public way.

H. Cleanup. 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 cleanup operations shall be done at the expense of the permittee.

I. Preservation of Monuments. A permittee shall not disturb any surface monuments, property marks 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.

J. Each permittee shall make provisions for employee and construction vehicle parking so that neighborhood parking, to include private parking lots adjacent to a work site, will not be impacted.

K. Each permittee shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk in conformance with city code.

L. Each permittee shall clear all snow and ice hazards from public sidewalks at the work site by noon following a snowfall in conformance with city code.

M. Each permittee shall provide necessary sanitary facilities for workers. The location of such facilities shall be approved by the city in the permit.

N. The Director may restrict work on and/or within the rights-of-way during adverse weather conditions or during periods of high traffic volumes. (Ord. 2023-1 § 1(XIX))

12.20.200 Standards for repairs and restoration.

A. Permittee Responsibility. The permittee shall be fully responsible for the cost and actual performance of all work in the public rights-of-way. The permittee shall do all work in conformance with any engineering regulations, specifications, and design standards adopted by the city. These standards shall apply to all work in the public rights-of-way unless otherwise indicated in the permit.

B. 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, specifications and standards referred to in subsection A of this section, the following provisions shall apply to work in the 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 street cross section. Select material shall include select fill, stone (CDOT Class 6 and Class 7).

2. Select fill shall be placed in an excavation to the density required by city compaction specifications.

3. Prior to the issuance of a permit for construction, excavation, or work activity in the public rights-of-way, the applicant must request and receive approval for the use of granular backfill material.

4. 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.

5. In cases where it is impossible to achieve the compaction required by the local municipal/county building code on select fill, the city encourages the use of controlled density fill or flash fill material. 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.

6. Once the compacted backfill has been placed, an asphalt cutback shall be made. The cutback will extend six (6) inches minimum on each side of the opening and will be over undisturbed pavement material (one and one-half (1-1/2) inch deep minimum). All edges of the opening shall be neatly cut with an asphalt saw at ninety (90) degrees to traffic and uniformly tacked.

7. The new asphalt will be placed in lifts (two (2) inches maximum) and compacted upon placement. Asphalt depths will be governed by the existing cross section of the street but not less than four (4) to six (6) inches of full deep asphalt shall be used to fill a street cut regardless of the existing cross section. Concrete meeting all construction standards of the city shall be used to replace concrete pavement wherever it occurs. (Ord. 2023-1 § 1(XX))

12.20.210 Construction and restoration standards for newly constructed or overlaid streets.

No person shall cause an open trench excavation or potholing of utilities in the pavement of any public rights-of-way for a period of three (3) years from the completion of new construction or overlaid streets except in compliance with the provisions of this section.

A. Application. Any application for a permit to excavate in public rights-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 or property that will be impacted by the proposed excavation, as well as adjacent streets, and the method of construction.

2. The street width or alley width including curb and gutter over the total length of each city block that will be impacted by the proposed excavation.

3. The location, width, length, and depth of the proposed excavation.

4. The total area of existing street or alley pavement in each individual city block that will be impacted by the proposed excavation.

5. A written statement addressing the criteria for approval.

B. Criteria for Approval. No permit for excavation in the rights-of-way of new streets or overlaid streets shall be approved unless the Director 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 street or alley or other utility conflicts.

2. Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable.

3. The proposed excavation cannot reasonably be delayed until after the three (3) 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 emergency maintenance operations within the public rights-of-way shall be exempted from this section. Any person commencing emergency maintenance operations shall submit detailed engineering plans, construction methods and remediation plans no later than three (3) working days after initiating the emergency maintenance operation.

D. Exemptions for Nonemergency Operations. A permittee may apply to the Director for an exemption under this section when the construction is necessary in the public interest or to provide a public service. 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 nonemergency exemption is granted to disturb a public way within the three (3) year period, the Director may, in his sole discretion, impose additional restoration requirements, including, but not necessarily limited to, repaving of a larger area, such as an entire block in which the construction occurs.

E. Construction and Restoration Standards for Newly Constructed or Overlaid Streets and Alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted by the city and guaranteed in accordance with Section 12.20.100. (Ord. 2023-1 § 1(XXI))

12.20.220 Relocation of facilities.

If at any time the city requests the permittee to relocate its facilities 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 of public improvement 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 permittee at least sixty (60) days in advance, except in the case of emergencies, of the city’s intention to perform or have such work performed. The permittee shall thereupon, at no cost to the city, accomplish the necessary relocation, 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 permittee that it intends to commence its work or immediately in the case of emergencies. Upon the permittee’s failure to accomplish such work, the city or other public agencies or special district may perform such work at the permittee’s expense and the permittee 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 permittee at the permittee’s expense. Notwithstanding the requirements of this section, a permittee may request additional time to complete a relocation project. The Director shall grant a reasonable extension if, in its sole discretion, the extension will not adversely affect the city’s project. (Ord. 2023-1 § 1(XXII))

12.20.230 Abandonment and removal of facilities.

A. Notification of Abandoned Facilities. Any permittee that intends to discontinue use of any facilities within the public rights-of-way shall notify the Director in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to the Director and the method of removal and restoration. The permittee may not remove, destroy or permanently disable any such facilities during said thirty (30) day period without written approval of the Director. After thirty (30) days from the date of such notice, the permittee shall remove and dispose of such facilities as set forth in the notice, as the same may be modified by the Director, and shall complete such removal and disposal within six (6) months, unless additional time is requested from and approved by the Director.

B. Conveyance of Facilities. At the discretion of the city, and upon written notice from the Director within thirty (30) days of the notice of abandonment, the permittee may abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the city. The consideration for the conveyance is the city’s permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the city is completed.

C. Abandonment of Facilities in Place. At the discretion of the city, and upon written notice from the Director, the permittee may abandon the facilities in place, but the permittee still retains the responsibility for all obligations as owner of the facilities, or other liabilities associated therewith. (Ord. 2023-1 § 1(XXIII))

12.20.240 Emergency procedures.

A. 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. The person doing the work shall apply to the city for a permit on or before the third calendar day after such work has commenced. All emergency work will require prior telephone notification to the city of Glendale Police Department and the appropriate fire protection agency.

B. Notifications. If any damage occurs to an underground facility or its protective covering, the contractor shall notify the facility’s operator promptly. When the facility’s operator receives a damage notice, the facility’s 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 contractor responsible shall immediately notify the facility’s operator and 911 and take immediate action to protect the public and nearby properties. (Ord. 2023-1 § 1(XXIV))

12.20.250 Revocation of permits and stop work orders.

A. Any permit may be revoked or suspended by the Director, after written notice to the permittee for:

1. Violation of any material condition of the permit or of any material provision of this code.

2. Violation of any material 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 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 Director to any person or persons doing or causing any work to be done in the public way for:

1. Working without a permit except for routine maintenance or emergency repairs to existing facilities as provided for in this code.

2. Doing work in violation of any provisions of this code, or any other ordinance of the city, or state law relating to the work.

3. Performing any act which the city determines constitutes or causes a condition that either endangers life or property.

C. 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, or to the permittee’s last known address.

D. Any suspension or revocation or stop work order may be appealed by the permittee to the City Manager by filing a written notice of appeal within thirty (30) days of the action. (Ord. 2023-1 § 1(XXV))

12.20.260 Appeals procedure.

Any decision rendered by the Director pursuant to this code may be appealed in writing and delivered within thirty (30) days by the permittee to the City Manager. The appeal shall contain at a minimum: the decision being appealed, the resolution being sought, the relevant standards or code provisions, and the reasoning supporting the appeal. The City Manager shall hold an informal meeting with the Director and permittee within sixty (60) days of receipt of the appeal. The City Manager shall issue a written decision on the appeal within sixty (60) days following the informal meeting. (Ord. 2023-1 § 1(XXVI))

12.20.270 Penalty.

If any person, firm or corporation shall violate or cause the violation of any of the provisions of this chapter, they shall be guilty of a separate offense for each 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 shall be punished as provided in Section 1.16.010 for each such violation. (Ord. 2023-1 § 1(XXVII))