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HomeMy WebLinkAbout10400ORDINANCE NO. 10400 AN ORDINANCE AMENDING SECTIONS 12-6-4 AND 12-6-5 OF CHAPTER 6 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO EXCAVATION PERMITS AND CONDITIONS AND LIMITATIONS APPLICABLE THERETO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 12-6-4 of the Pueblo Municipal Code is amended to read as follows (brackets indicate matter being deleted, underscoring indicates new matter being added): Sec. 12-6-4. Conditions. (a) All permits shall be issued according to the provisions of this Chapter and subject to such rules, directions and limitations regarding the time to be required for the work and the manner in which the work is to be performed as the Director of Public Works may by specifications prescribe. (b) Such permits shall be conditioned that all work performed thereunder shall be in accordance with the specifications of the City Council or Director of Public Works, which shall provide for the proper care and protection of the streets, alleys, sidewalks and other public places of the City and persons and property thereupon. (c) Permit conditions for grading and excavation when such work, including all related work on the project for which the permit is requested, meets the definition of applicable construction activity or applicable development sites, as set forth in Chapter 12 of Title XVI of this Code, shall be conditioned in accordance with the specifications of the City Council or Director of Public Works, which shall provide for proper care to protect the quality of stormwater runoff. (d) Such permits shall be conditioned that all work done thereunder shall be only such work as is allowed by the City of Pueblo and specified in the Ordinance, Resolution, or contract of the City Council or the application submitted under Section 12-6-2 hereof. (e) No permit issued under the provisions hereof shall be for more than one (1) excavation project. An excavation project shall be limited to a particular street address or, if applicable, a single city block. (f) An excavation permit shall not be required for construction, reconstruction or repair of sidewalks, curbs, gutters or driveways or the installation of utility poles and anchors if such work is done in accordance with the terms of this Chapter relating thereto; provided, however, that no excavation for utility pole or anchor shall be left uncovered except during the actual excavating and pole installation; and provided further that installation of utility poles and anchors shall be completed on the same day the excavation therefor is begun. (g) Applicants shall pay a fifty-dollar permit fee to excavate within the public right-of-way outside of paved streets or alleys. Entities exempt from paying the pavement impact fee pursuant to Subsection 12-6-4.1(f) shall pay the fifty-dollar permit fee to excavate within any street, alley or public right-of-way. The fees provided for in this Subsection may be modified or amended by resolution of the City Council. SECTION 2. Section 12-6-5 of the Pueblo Municipal Code is amended to read as follows (brackets indicate matter being deleted, underscoring indicates new matter being added): Sec. 12-6-5. Obstructing streets; limitations. (a) It shall be unlawful, without having first obtained written permission of the Director of Public Works and the Director of Transportation, to block more than that portion of the street running from the centerline to either street edge except where the excavation is, by necessity, to be in the street center, in which case one (1) lane of moving traffic shall be maintained. (b) It shall be unlawful to block more than one (1) lane of traffic in each direction within an intersection without having first obtained the written permission of the Director of Public Works and the Director of Transportation. (c) It shall be unlawful to block a driveway overnight. A permittee shall give notice to the occupant of a residence prior to blocking any driveway in a residential area. (d) Except as may be otherwise provided in Subsection (e) hereof, any person who causes to make or who makes a street or alley cut, opening or excavation shall backfill the same and replace cut or removed pavement immediately after completion of the work for which the cut, opening or excavation was made and before leaving the site of a street or alley cut, opening or excavation. (e) No longitudinal street or alley excavation shall be extended into the next succeeding street intersection or block until the excavation has been backfilled and all pavement removed in an intersection or in front of a driveway or entrance onto said street or alley shall be replaced. Notwithstanding the foregoing, all pavement removed from any longitudinal street or alley excavation shall be replaced within two (2) weeks after the excavation has been backfilled; provided, however, utility locate borings shall be repaired and replaced within seven (7) days after the date of the boring. (f) All backfilling and pavement replacement shall be done in accordance and in compliance with specifications relating to street and alley excavations adopted by resolution of the City Council. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 13, 2023 . Final adoption of Ordinance by City Council on February 27, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 28, 2023 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Deputy City Clerk City Clerk's Office Item # R16 Background Paper for Proposed Ordinance February 13, 2023 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE AMENDING SECTIONS 12-6-4 AND 12-6-5 OF CHAPTER 6 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO EXCAVATION PERMITS AND CONDITIONS AND LIMITATIONS APPLICABLE THERETO SUMMARY: Attached for consideration is a text amendment that will amend Title XII of the Pueblo Municipal Code regarding excavation permits. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of this amendment is to codify the time required to repair utility locate borings, and will provide direction for how the utility locate borings are to be repaired. This amendment also provides requirements for acquiring excavation permits. This guidance will require excavation permits to be acquired per address, per block, or as deemed appropriate by the Director of the Public Works Department, or designee. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Ordinance, Title XII of the Pueblo Municipal Code will not be amended and the timeline of repairs will lead to increased damage to the City of Pueblo Right-of-Way Infrastructure. RECOMMENDATION: Approve the proposed Ordinance. ATTACHMENTS: None