ARTICLE I. - IN GENERAL
ARTICLE II. – DEFINITIONS
ARTICLE III. – ALLOWED USAGE OF THE PUBLIC RIGHT-OF-WAY
ARTICLE IV. - EXCAVATIONS AND OBSTRUCTIONS
ARTICLE V. – ENFORCEMENT AND APPEALS
FOOTNOTE(S):
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Cross reference— Street naming and street addressing, Ch. 17. (Back)
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Editor’s Note: An amendment dated January 28, 2020 significantly updated this Ordinance. Articles II, III, and V were added, as well as Sections 13-1, 13-11, 13-12, 13-16, 13-21, 13-24, 13-34, 13-42, and 13-44. The remaining and additional sections were re-numbered accordingly, and the ordinance was made gender neutral.
Sec. 13-3. Responsibility for administration.
Sec. 13-5. Relation to other ordinances of the Town of Colchester.
Sec. 13-6. Documents incorporated by reference as may be amended from time to time.
Sec. 13-7. Books containing surveys, maps or profiles adopted as public records.
Sec. 13-8. Authority to close streets.
Sec. 13-9. Cost of street improvements.
Sec. 13-10. Sidewalks, curbs and gutters to conform to specifications.
This Ordinance is adopted pursuant to the Colchester Town Charter at sections 103(b), 104(1) and 104(2) and 24 V.S.A. Chapters 59 and 61 under the authority set forth in Title 24 V.S.A. § 2291. These Street and Sidewalk Regulations define the rules and regulations for the control and operation of the Town of Colchester’s right-of-way; allow the Town of Colchester to exercise general regulation over the operation and maintenance of public right-of-way facilities in the Town, including the adoption of a system of fees for permits; to define what constitutes a public nuisance relating to physical and visual obstructions in the right-of-way, safe pedestrian usage of the right-of-way, and impediments to performing regular maintenance; for the abatement or removal of such public nuisance as public health, safety, or welfare may require; establishes methods for controlling the placement of ice and snow in the right of way by contractors, homeowners, or other property managers; and establishes methods for issuing and enforcing permits related to maintenance or activities in the right-of-way.
(Ord. of 1-28-20)
This Ordinance shall apply to all streets within the Town of Colchester, and shall apply specifically as indicated in articles within this Ordinance.
( Ord. of 1-28-20)
Sec. 13-3. Responsibility for administration.
The Director of Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to, or duties imposed upon, the Director of Public Works may be delegated by the Director to persons or entities acting in the beneficial interest of or in the employ of the Town of Colchester.
( Ord. of 1-28-20)
The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, it shall not affect the validity or application of other provisions of this Ordinance.
(Ord. of 1-28-20)
Sec. 13-5. Relation to other ordinances of the Town of Colchester.
If the provisions of these regulations conflict with the provisions of any other valid and enforceable Colchester Ordinance(s), the stricter shall prevail.
(Ord. of 1-28-20)
Sec. 13-6. Documents incorporated by reference as may be amended from time to time.
(a) Town of Colchester Code of Ordinances, Chapter 1
(b) Town of Colchester Code of Ordinances. Chapter 4(c) Town of Colchester Code of Ordinances, Chapter 61⁄2
(d) Town of Colchester Code of Ordinances, Chapter 7
(e) Town of Colchester Code of Ordinances, Chapter 14
(f) Public Works Specifications and Standards
(f) Town of Colchester Town Charter
(g) Vermont Highway Department Specifications
(h) Manual of Uniform Traffic Control Devices
(i) Occupational Safety and Health Administration Technical Manual
(j) U.S. Postal Service Standard Mailboxes, Curbside.
(Ord. of 1-28-20)
Sec. 13-7. Books containing surveys, maps or profiles adopted as public records.
The books wherein are recorded the surveys of the streets and the books containing the maps or profiles of street grades are hereby adopted and accepted as the public books of record for that purpose.
(Ord. of 11-24-92)
Sec. 13-8. Authority to close streets.
In addition to the provisions set forth in Chapter 4, Section 4-47 and Chapter 7, Section 5 of the Colchester Town Code, the Chief of Police, the Building Inspector and/or Public Works Director shall have the authority to close streets or portions of streets to vehicular and/or pedestrian traffic when in their judgment the public safety is threatened by leaving the street opened.
The Chief of Police shall have the authority to close streets or portions of streets to vehicular traffic during and preparatory to any parade.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-9. Cost of street improvements.
Whenever any street, lane or alley, or portion thereof, shall hereafter be graded, paved or macadamized and curbed and guttered on the petition of the owners of a majority of the frontage of the same, or without such petition, and the cost or expenses thereof shall be assessed upon the frontage under the provisions of the Town Charter, no subsequent assessment shall be made by the Selectboard under the provisions of the Town Charter of any subsequent improvement of the same character on such street or any portion thereof.
(Ord. of 11-24-92)
Sec. 13-10. Sidewalks, curbs and gutters to conform to specifications.
All new sidewalks, curbs and gutters shall conform to current specifications of the Public Works Department as adopted by the Selectboard under the authority of Section 103(b), 104(1), and 104(2) of the Town Charter and VSA chapters 59 and 61 under the authority set forth in 24 V.S.A. § 2291 and described in detail in the Department of Public Works Specifications and Standards..
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-11. Purpose
Sec. 13-12. Definitions
Sec. 13-11. Purpose.
The terms defined hereafter are established to be used in the context of Chapter 13 of the Town of Colchester Ordinances to allow for clear and consistent application of these established municipal regulations.
(Ord. of 1-28-20)
Sec. 13-12. Definitions.
For the purposes of this Ordinance, the following shall mean:
Applicant shall mean a property owner, contractor, or duly designated representative who files an application for a land disturbance activity within the public right-of-way.
Construction shall mean land-disturbing activity within the public right-of-way that requires a permit under this Ordinance.
Contiguous shall mean sharing a common property border.
Department of Public Works shall mean the employees or designees of the Director of Public Works.
Designated Enforcement Officer shall mean either the Town of Colchester's Public Works Director or Police Chief, or other Town officers as may be designated by the Colchester Selectboard
Designee shall mean a person authorized to act in the place of another person.
Director shall mean the Director of Public Works for the Town of Colchester.
Emergency shall mean a serious, unexpected, or dangerous situation requiring immediate action within the Town of Colchester’s right-of-way.
Encroachment shall mean to advance beyond the usual or proper boundaries in a way that restricts the Public Works Department’s ability to perform regular maintenance or affects safe travel in the right-of-way.
Fee shall mean a compensation paid for the issuance of a permit under this Ordinance.
Manager shall mean the Town Manager for the Town of Colchester.
Obstruction shall mean any vegetation, constructed barrier, or other object that limits normal maintenance operations, prevents safe passage, or affects reasonable sightlines in the right-of-way.
Person shall mean any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as the owner, the owner's designee, or the operator of a premise.
Property Owner shall mean any person, firm, partnership, association, joint venture, corporation or other entity or combination of entities who alone, jointly, or severally with others hold(s) legal or equitable title to any real-estate. The term "property owner" shall also include heirs, successors, and assigns.
Public Nuisance shall mean an activity or thing that affects the health or safety of a community
Recreational Equipment shall mean any object used to engage in recreational activities such as basketball hoops, hockey nets, or other similar pieces of recreation equipment.
Right-of-way shall mean the entire width between property lines of every way used to facilitate safe vehicular traffic and pedestrian travel, which has become public by authority of the law.
Site shall mean the site of an excavation, restoration, or maintenance within the public right-of-way.
Street shall mean the entire width between property lines of every way used for vehicular traffic and pedestrian travel, which has become public by authority of the law.
(Ord. of 1-28-20)
Sec. 13-13. Purpose.
Sec. 13-14. Enclosing highway; erecting fence or encroachment; nuisance.
Sec. 13-15. Barbed wire fence or railing prohibited.
Sec. 13-16. Vegetation in the right-of-way.
Sec. 13-17. Unnecessary interference with use of sidewalk.
Sec. 13-18. Vehicles on sidewalks.
Sec. 13-19. Disturbing monuments or markers prohibited.
Sec. 13-20. Injuring public infrastructure.
Sec. 13-21. Recreation equipment in the right-of-way.
Sec. 13-22. Mailboxes.
Sec. 13-23. Dumping ice and snow in public areas.
Sec. 13-13. Purpose.
This article is established to ensure free and safe access to all streets in the Town of Colchester. This goal is achieved by prohibiting obstructions and hazards to vehicular and pedestrian traffic, damage to public infrastructure, and impediments which prevents the town from performing maintenance within the public right-of-way.
(Ord. of 1-28-20)
Sec. 13-14. Enclosing highway; erecting fence or encroachment; nuisance.
No person shall enclose a part of the highway or street, or erect a fence, building, or other encroachment, or make obstructions, or create a nuisance on a highway or street, or continue such enclosure, fence, building encroachment, or nuisance on a highway or street.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-15. Fences or railings prohibited.
No person shall erect or maintain a fence or railing upon the line of a sidewalk or street, or in such proximity thereto as to be within reach of and dangerous to a passerby upon such street, or sidewalk, or in a such proximity to the right-of-way as to interfere with regular maintenance.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-16. Vegetation in the right-of-way.
(a) No person shall allow vegetation to grow into the street from an abutting property that in part or wholly obstructs a sidewalk or road, or impacts sightlines in the public right-of- way. A minimum of seven (7) feet of vertical clearance shall be maintained over a public sidewalk.
(b) The Town of Colchester Public Works Department reserves the right to perform clearing of trees, shrubs, or any other vegetation in order to maintain its public right-of-way to the standard established in Sec. 13-16(a).
(Ord. of 1-28-20)
Sec. 13-17. Unnecessary interference with use of sidewalk.
No person shall unnecessarily occupy, obstruct, or encumber, or cause to be unnecessarily occupied, obstructed, or encumbered, a sidewalk so as to interfere with the convenient use of the same by the public.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-18. Vehicles on sidewalks.
No motorized vehicle, with the exception of motorized wheelchairs shall be driven, backed, led or allowed to stand on any sidewalk, except that wares or merchandise in process of loading or unloading may be transferred from trucks or other vehicles over the sidewalk by use of skids or other means; provided that a passageway is kept open for the free passage of pedestrians. Nothing contained in this Section shall prevent the riding or driving of vehicles from private property directly across the sidewalk of any street to the roadway or from the roadway back to such private property.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-19. Disturbing monuments or markers prohibited.
No stone, post, or other monument set by the Town to mark the location of any street line or grade shall be moved or in any other way disturbed, except by and under the direction of the Town.
(Ord. of 11-24-92)
Sec. 13-20. Injuring public infrastructure.
No person shall injure, deface, or destroy any fixture of the public right-of-way.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13.21. Recreation equipment in the public right-of-way.
No permanent or temporary recreation equipment shall be installed or located in streets or sidewalks of the public right-of-way in Class 1, 2, or 3 roads. The Town of Colchester Police Department reserves the right to remove any temporary or permanent structure that is in violation of this ordinance At the property owners expense. The Town of Colchester shall not be liable for damages to any temporary or permanent recreational structure in the public right-of-way.
(Ord. of 1-28-20)
Sec. 13-22. Mailboxes.
No person shall construct or place a mail receptacle in the public right-of-way that does not meet all requirements including the proper dimensions, heights, and distance from the road, as described in U.S. Postal Service Standard Mailboxes, Curbside as adopted by the United States Postal Service and as may be amended.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-23. Dumping ice and snow in public areas.
(a) Placing prohibited without permission. No person, by their own act, or through their designee or employees, shall throw, put, place, push, or otherwise deposit snow, or ice, in the following public areas without the written permission of the Director of Public Works or their designated representatives:
(1) On the paved or travelled portion of any public street;
(2) On any Town sidewalk.
(b) Restrictions may accompany permission. In granting written permission under the previous section, the Director or their representatives may impose such restrictions as are necessary to protect the safety and welfare of the public, and such permission may be revoked at any time.
(c) Violations; penalty. Any person who shall violate this Section or the restrictions imposed by the written permission of the Director, or their designee shall, upon conviction, be fined pursuant to Chapter 1, Section 1-9. Each offense and each twenty-four (24) hours continuance of such violation shall be deemed a separate offense.
(Ord. of 11-24-92; Ord. of 9-10-96; Ord. of 1-28-20)
DIVISION 1. - PERMITS
DIVISION 2. – SAFETY, RECONSTRUCTION & LIABILITY
Sec. 13-24. Purpose
Sec. 13-26. Contents of permit for excavation; fee.
Sec. 13-27. Excavations across public highways prohibited.
Sec. 13-28. Waiver of jack and bore requirement.
Sec. 13-29. Obstructing street or sidewalk prohibited.
Sec. 13-30. Time limit for permit to obstruct street or sidewalk; fee.
Sec. 13-31. Permits for curb cuts required.
Sec. 13-32. Cuts to conform to requirements.
Sec. 13-33. Replacement of curbing.
Sec. 13-24. Purpose.
To set forth an orderly process for the approval or disapproval of construction, excavation, or maintenance in the public right-of-way. The scope of a single issued permit is set, as are the requirements and fees associated with its approval. By establishing a process for the issuance of excavation, obstruction or curb cut permits, the Town of Colchester shall protect the public right-of- way and the safety of the general public.
(Ord. of 1-28-20)
(a) No person, firm or corporation shall disturb the ground or pavement in any street, sidewalk, curb or tree belt within the Town without first obtaining a written permit therefor from the Director of Public Works or their designee, in accordance with Town ordinances and regulations and pursuant to Title 19 V.S.A. Chapter 11, Sections 1101 through 1111.
(b) The applicant for a permit, their designee, and the contractor doing the work shall before the issuance of the permit submit the following to the Director of Public Works, or their designee.
(1) A certificate of insurance affording the following coverage:
General liability:
Bodily injury, per person: ..... $100,000.00
Bodily injury, per occurrence ..... 300,000.00
Property damage, per occurrence ..... 100,000.00
This insurance shall include coverage for collapse and underground (CU) hazard, explosions (X) coverage, at the discretion of the Director of Public Works or their designee, and contractual liability.
Automobile liability:
Bodily injury, per person ..... $100,000.00
Bodily injury, per occurrence ..... 300,000.00
Property damage, per occurrence ..... 100,000.00
This insurance shall include coverage for owned, nonowned and hired vehicles. The Director of Public Works or their designee, at their discretion, will accept satisfactory evidence of self insurance in lieu of the above coverage. The above-referenced insurance shall not be canceled without thirty (30) days' written notice to the Director of Public Works, or their designee.
(2) An affirmation that he is not delinquent in payments due the Town on prior similar work;
(3) Evidence that he is competent and equipped to do the proposed work;
(4) A proper permit or license to do the work, if such license or permit is required under the laws of the State or ordinances of the Town;
(5) A satisfactory plan for the subject property and adjacent properties showing existing surface and subsurface conditions including the placement of existing utilities, trees and vital structures such as fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and any other vital equipment as designated by the Director of Public Works or their designee;
(6) A plan for the protection of shade and ornamental trees and the restoration of turf.
(c) The Director of Public Works or their designee reserves the right to withhold issuance of permits when:
(1) Paving materials are unavailable; or
(2) A satisfactory traffic, pedestrian, or utility diversion plan cannot be implemented; or
(3) Unsatisfactory compliance of subsection 13-25(b)(1) through (b)(6).
(d) Emergencies. Nothing in this Article shall be construed to prevent the making of excavations as may be necessary for the preservation of life or property provided that the person, firm or corporation, making such excavation shall apply to the Director of Public Works or their designee for a permit on the first working day after such excavation is commenced. Even in emergency situations, notice shall be given immediately by phone to the Public Works Department, Police Department, and Fire Department, and all provisions of this Article shall apply to such emergency.
(e) In the event excavations occur within the so-called drip line of a public street tree, any permit issued by the Director of Public Works, or their designee must be countersigned by the Tree Warden or their designated representative..
(f) Where an excavation is for the limited purpose of planting a tree, or erecting a sign, within the public right-of-way including the so-called greenbelt, the Director of Public Works or their designee may waive any of the requirements contained in subsections 13-12(b) and 13-13(c), (d), (e), (f) and (g).
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-26. Contents of permit for excavation; fee.
(a) Application for a street excavation permit shall be made on forms furnished by the Town.
(b) Permits are classified as major or minor depending on the nature of the work.
(1) Major: Work within the public right-of-way which will disturb the roadbed, pavement or sidewalk.
(2) Minor: Other work within the right-of-way which will not disturb the roadbed, pavement or sidewalk.
(c) The fee for an excavation permit, payable in advance, is five hundred dollars ($500.00) and one hundred dollars ($100.00) for a minor permit.
(d) The fee for excavation permits shall be doubled if work is commenced prior to obtaining a permit. Paying double fees does not waive other penalties. This subsection shall not apply to emergency excavations as defined in subsection 13-25 (d).
(e) Generally, a permit shall cover only contiguous construction and work performed as one (1) continuous operation, except as otherwise determined by the Director of Public Works, or their designee. Notwithstanding the preceding sentence, where a continuous and single operation involves separate excavation by a single excavator, no more than two (2) such excavations shall be covered by a single permit, provided such single permit shall be allowed only where the distance between the excavations shall not be greater than twenty (20) feet at their opposite extremities. Additionally, where an operation includes jacking or boring requiring excavation on each side of a public way, only one (1) permit shall be required for such excavations.
(f) A permit shall expire for work not completed within fifteen (15) days after issuance of a permit, and a new permit shall be required before completing the work.
(g) A permit shall contain a commencement date and estimated date of completion. Completion date as used in this Section means the date upon which the permanent pavement surfacing or other restoration of the public right-of-way is finished and accepted by the Director of Public Works or their designee.
(h) (1) Whenever the Town has developed an annual work program for the reconstruction of Town streets, the Director of Public Works shall send written notice thereof to all departments, utilities, or others which have pipes, wires, cables, conduits, or other such facilities beneath the surface of the streets to be reconstructed.
(2) For the purposes of this Section, "street construction" shall mean:
a. The recycling and relaying of existing material;
b. The complete removal of old surface material and the laying of new material; or,
c. Resurfacing of existing surface material with new material in excess of one (1) inch thickness.
(3) Upon receipt of the notice of the annual street reconstruction program such person, department, or utility shall have not more than sixty (60) days to complete any subsurface work contemplated, or, if an extension of time is needed, shall obtain a subsurface work schedule approved by the Director of Public Works. If an applicant objects to the subsurface work schedule required by the Director, the review and approval may be sought from the Selectboard.
(4) If subsurface work is done in accordance with subsections (h)(1) through (h)(3) above, then the applicant shall pay a fee of one hundred dollars ($100.00) for a major excavation in lieu of the fee due in paragraph (c) above for that portion of the excavation area which will be reconstructed.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-27. Excavations across public highways prohibited.
(a) Excavations within or across public highways for purposes of installing or replacing utilities are generally prohibited.
(b) In all possible instances, such work shall be achieved through jacking and boring beneath the roadway, without disturbance to the paved portion of the roadway. Requirements for jacking and boring will be determined by the Director of Public Works.
(c) Jacking and boring procedures shall be subject to all requirements and conditions as established under this Article.
(Ord. of 11-24-92)
Sec. 13-28. Waiver of jack and bore requirement.
(a) The Director of Public Works may waive the requirements to jack and bore for utility work as described in this Section.
(b) A waiver may be granted when in the opinion of the Director, that circumstances such as, but not limited to, existing utility location, ledge, soil conditions, ground water, road condition, traffic volumes and the scheduling for capital improvements make jacking and boring an unreasonable alternative.
(c) Requests for such waivers shall be submitted in writing to the Director at least fifteen (15) days before the work is planned. Requests shall include all reasoning to justify and warrant the granting of such a waiver.
(Ord. of 11-24-92)
Sec. 13-29. Obstructing street or sidewalk prohibited.
(a) With the exception of the provisions set forth in Section 4-47 of the Colchester Town Code, it shall be unlawful for any person, firm or corporation to temporarily obstruct a street or sidewalk without first obtaining a written permit therefor from the Director of Public Works, or their designee.
(b) "Obstruction" as used in this Section includes, but is not limited to, temporary obstacles and/or barriers which hinder the free and safe passage of pedestrians and vehicles, or which may receive injury or damage, if run over or into by pedestrian or vehicle traffic. "Obstruction" as used in this Section, shall not include obstructions associated with excavations, nor shall it include obstacles or barriers placed during the normal and routine maintenance operations conducted by the Town departments or any public or private utility.
(c) As a condition of the issuance of a permit, the Director of Public Works, or their designee may, in their discretion and depending on the nature and complexity of the obstruction, require safeguards in addition to those required in Section 13-22 for the protection of vehicular and pedestrian traffic.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-30. Time limit for permit to obstruct street or sidewalk; fee.
(a) No permit as required by Section 13-29 shall be for longer than thirty (30) days, except as authorized by the Selectboard. A permit may be extended from week to week by the Director of Public Works, or their designee, as appropriate, subject to the order of the Selectboard.
(b) The permit fee shall be as listed in the Fee Ordinance, Chapter 6½.
(c) Applicant for a permit or its designee shall before the issuance of the permit:
(1) Furnish a certificate of insurance for personal and property damage liability in the amounts of one hundred thousand dollars ($100,000.00)/three hundred thousand dollars ($300,000.00)/one hundred thousand dollars ($100,000.00),
and agree to indemnify and hold the Town harmless and/or free of liability arising out of said obstruction;
(2) Show, if required under the laws of the state or ordinances of the Town, that he has proper permits or licenses to maintain the obstruction.
(d) The permittee shall restore or pay for any property damage occurring as a result of the placement of an obstruction.
(Ord. of 11-24-92; Ord. of 10-10-95; Ord. of 1-28-20)
Sec. 13-31. Permits for curb cuts required.
(a) No curb cut shall be changed, installed or removed and no driveway on or across the public right-of-way shall be installed without first obtaining a written permit therefor from the Director of Public Works, or their designee.
(b) Application for curb cuts and driveway permits shall be made on forms furnished by the Town.
(c) The permit fee shall be as listed in the Fee Ordinance, Chapter 6½.
(Ord. of 11-24-92; Ord. of 10-10-95; Ord. of 1-28-20)
Sec. 13-32. Cuts to conform with requirements.
(a) All work under a curb cut and/or driveway permit shall conform to the specifications established by the Selectmen.
(b) All work under subsection (a) hereof shall be subject to inspection by the Director of Public Works, or their designee during construction and upon completion thereof.
(Ord. of 11-24-92; Ord. of 1-28-20)
Sec. 13-33. Replacement of curbing.
(a) Where private property use has been modified so that an existing curb cut is no longer needed or where Town Ordinances do not permit curb cuts at existing locations the Director of Public Works or their designee, may require the abutting property owner to replace the curb at their expense within ninety (90) days from the date of notice.
(b) If, after notice, the abutting property owner fails to comply with the Director of Public Works, or their designee's order for curb replacement within ninety (90) days, the Town may do the work, or have the work done and bill the current property owner for the cost.
(Ord. of 11-24-92; Ord. of 1-28-20)
DIVISION 2. SAFETY, RECONSTRUCTION, & LIABILITY
Sec. 13-35. Protective measures.
Sec. 13-36. Method of excavation.
Sec. 13-37. Refilling excavation.
Sec. 13-38. Resurfacing; defects.
Sec. 13-39. Restoration of right-of-way.
Sec. 13-40. Cost reimbursement.
Sec. 13-34. Purpose.
The Ordinances described hereafter shall serve to establish appropriate methods of construction, reconstruction, enforcing safety measures, and defining liability. Division 2 intends to provide contractors and utility owners with a process that will protect the public right-of-way and the safety of the general public.
(Ord. of 1-28-20)
Sec. 13-35. Protective measures.
(a) Every person, firm or corporation making an excavation or obstruction within the public way under a permit granted under this Article must at all times maintain a suitable number of lighted barricades so as to provide adequate warning to approaching motorists or pedestrians of the excavation or obstruction.
(b) The permittee(s) shall take appropriate measures to assure while an excavation or obstruction remains and during the performance of excavation work and until said work is accepted by the Director of Public Works or their designee, that traffic conditions shall be maintained as near normal as possible at all times so as to minimize inconvenience to the occupants of the adjoining property and the general public.
(c) The Director of Public Works or their designee, may require that the permittee(s) prepare a traffic-control plan in detail appropriate to the complexity of the work. Said traffic-control plan shall contain the following information:
(1) Approval of the Chief of Police or designee;
(2) Approval of the Chief of the Fire Department or their designee;
(3) Approval of the Town Engineer;
(4) Adequate warning, delineation and channelization by means of proper pavement markings, signing and use of other devices which are effective under varying conditions of light and weather to assure the motorist of positive guidance in advance of and through the work area;
(5) Flagging procedures, if necessary, to control vehicular and pedestrian traffic;
(6) Identification, and if necessary, the removal of inappropriate markings to eliminate any misleading cues to motorists under all conditions of light and weather;
(7) Identification of what provisions, if any, will be made for the safe operation of work vehicles, particularly on high speed, high volume streets;
(8) Estimated commencement date of excavation and/or obstruction and estimated date of completion of excavation and/or removal of obstruction.
(d) Notwithstanding any requirements provided for under this Section, every permittee shall comply with the standards set forth in the Manual of Uniform Traffic-Control Devices as adopted by the State.
(Ord. of 11-24-92, Ord. of 1-28-20)
Sec. 13-36. Method of excavation.
(a) All excavations shall be performed in compliance with the standards adopted by the Vermont Occupational Safety and Health Administration, as such standards may be adopted, revised and amended hereafter. In addition, bracing and sheeting shall be utilized where necessary to preserve and protect adjacent structures and areas. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, the Director of Public Works or their designee, shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
(b) The permittee(s) shall not interfere with any existing public and/or private utilities without the written consent of the Director of Public Works or their designee, and owner of the utility. In the event the utility is Town owned and operated the permittees shall secure the written consent of the Superintendent of the affected utility department. If it becomes necessary to relocate an existing utility this shall be done by the owner of the utility, and the permittee prior to the commencement of relocation, shall pay to the utility the estimated cost thereof.
(c) The permittee shall inform itself as to the existence and location of all underground utilities, trees and tree roots, and protect the same against damage. In the event any pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee(s) shall promptly notify the owner thereof. All damaged facilities shall be repaired by the owner or department operating them, and the permittee shall pay for the expense of such repairs. It is the intent of this Section that permittee(s) shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage. Such assumption of liability is a contractual obligation of the permittee, and the permittee shall save harmless the Town from any actions arising as a result of such damage.
(d) In the event excavation takes place within the so-called drip line of any public or private tree, the permittee shall protect said tree(s) in accordance with the directions of the Town Tree Warden or their designated representative. The moving of any tree specifically to permit the construction of any driveway, curb-cut or utility installation shall not take place without the permission of the Town Tree Warden. The permanent removal of any tree shall not take place without the permission of the Town Tree Warden in accordance with its regulations and the laws of the State concerning public trees. In any event any public tree is damaged, moved or removed, the repair, moving or removal and replacement shall be done in accordance with the provisions of the Town Tree Warden and the cost thereof shall be borne by the permittee.
(Ord. of 11-24-92, Ord. of 1-28-20)
Sec. 13-37. Refilling excavation.
(a) Where a permit has been issued, the permittee(s) shall notify the Director of Public Works, or their designee of the time and date when it will commence the backfilling of the excavations pursuant to the permit. Where no permit has been issued pursuant to subsection 13-24(d) because of an emergency situation, the excavator shall nonetheless likewise notify the Director of Public Works or their designee of the time and date of backfilling. Unless otherwise waived, the Director of Public Works or their designee will be present to monitor the backfilling for the purposes of ascertaining whether the backfill material is proper and adequately compacted. In the event the Inspecting Official determines that the permittee is not using acceptable backfill materials or acceptable backfilling procedures, their may order the suspension of all work at the site. The Director of Public Works or their designee may require the permittee(s) to furnish a soil test by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics in order to determine whether the backfill for the excavation was adequately compacted. All expenses of such tests shall be borne by the permittee.
(b) In order for resurfacing to commence, such test must demonstrate that the backfill material meets the requirements for composition and compaction as prescribed by the Selectboard.
(c) After any excavation in the roadway, the trenches or openings shall be properly backfilled with suitable material. The backfill shall be thoroughly compacted in maximum lifts of six (6) inches. If the work is done in cold weather, no frozen material shall be used for backfill.
(d) Whenever the base of a roadway is disturbed, it shall be replaced in as good condition as before it was disturbed. New materials meeting the appropriate Vermont Highway Department specifications for base courses shall be used for replacement of the disturbed base. The depth of the new base shall be equal to or exceed the depth of the existing road base, but be no less than twelve (12) inches deep.
(e) The permittee(s) shall establish grass by sodding or seeding at the discretion of the Director of Public Works, or their designee. Where existing topsoil is deemed of insufficient quality the Director of Public Works or their designee may require that new topsoil be used to replace the top six (6) inches.
(Ord. of 11-24-92, Ord. of 1-28-20)
Sec. 13-38. Resurfacing; defects.
(a) Paved surfaces of roadways which have been disturbed shall be replaced with bituminous concrete pavement (hot mix). The thickness of the pavement shall meet Colchester Public Works Specifications and Standards and shall be at least three (3) inches thick. The new pavement shall be thoroughly compacted with a satisfactory tandem steel-wheeled roller. Pavement will not be placed until the road base has been approved by the Director of Public Works or their designee.
(b) Unless otherwise stipulated in the permit, all pavement resurfacing after excavation shall be done by the permittee.
(c) The permittee shall remedy any defects due to faulty materials or workmanship and pay for any damage(s) resulting therefrom which shall appear within a period of one (1) year from the date of completion as defined in subsection (d), and in accordance with the terms of the permit.
(d) For the purposes of this Section, date of completion is the date upon which permanent pavement resurfacing is finished and accepted by the Director of Public Works or their designee.
(Ord. of 11-24-92, Ord. of 1-28-20)
Sec. 13-39. Restoration of right-of-way.
(a) Restoration of the public right-of-way following any activity provided for under this Article shall be completed by the permittee within a time period established by the Director of Public Works or their designee and according to specifications adopted by the Selectboard.
(b) On the completion of the work herein contemplated all rubbish and debris shall be removed and the roadway and roadsides shall be left neat and presentable and satisfactory to the Town Street Superintendent.
(c) Work not completed to the satisfaction of the Director of Public Works, or their designee within the time period established will be completed by the Highway Department or the Highway Department's Contractor at the expense of the permittee.
(Ord. of 11-24-92, Ord of 1-28-20)
Sec. 13-40. Cost reimbursement.
The Director of Public Works or their designee shall send the permittee an itemized statement of all charges for all labor and materials furnished by the Highway Department or their contractor. Charges not paid in full within thirty (30) days of the date of such statement shall be collected from the bond or escrow where appropriate or turned over to the Town Attorney's Office for collection.
(Ord. of 11-24-92, Ord. of 1-28-20)
The granting of a permit or the monitoring of operations conducted under any permit shall not make the Town of Colchester or any of its representatives responsible for construction means, methods, techniques, sequences, procedures or permittee's failure to perform the work in accordance with the standards and specifications set forth in the Manual of Uniform Traffic Control Devices, nor shall any approval granted by any Town Official under Section 13-25 make any such official responsible for any personal injury or property damage occurring as a result of the permittee's operations.
(Ord. of 11-24-92, Ord. of 1-28-20)
ARTICLE V. ENFORCEMENT AND APPEALS
Sec. 13-42. Purpose.
Sec. 13-43. Enforcement remedies.
Sec. 13-44. Appeals.
Sec. 13-42. Purpose.
This Article is adopted pursuant to the Colchester Town Charter at sections 103(b), 104(1) and 104(2) and 24 V.S.A. Chapters 59 and 61 under the authority set forth in Title 24 V.S.A. § 2291. Ordinances established in this Article are intended to provide the Town with measures to enforce appropriate action and penalize inappropriate action as well as to provide individuals with all appropriate legal recourse to appeal decisions of the Town.
Sec. 13.43. Enforcement remedies.
The Town, by and through its authorized designee, shall have the authority to enforce the provisions of this Ordinance, and any orders, violation notices, or enforcement orders issued hereunder, and may pursue all civil remedies in connection with any violation hereunder.
(a) Remedies not exclusive. The remedies set forth herein are not exclusive of any other remedies available under any applicable Federal, State, or local law. Election of one (1) remedy shall not preclude pursuing other remedies and nothing herein shall prohibit the Town from seeking multiple remedies.
(b) Judicial Bureau Municipal Civil Complaint Ticket. Pursuant to Title 24 V.S.A., Chapters 59 and 61 and Title 4 V.S.A., Chapter 29, a Designated Enforcement Officer may commence prosecution in the Judicial Bureau for any violation of this Ordinance by serving two (2) copies of a municipal civil complaint ticket either in person or by first class mail on the alleged offender, and thereafter promptly filing the original with the Judicial Bureau. The issuing officer shall follow the procedure set forth by the Judicial Bureau for municipal complaint tickets. The first offense ticketed for a violation shall be punishable by a fine of two hundred dollars ($200.00), the waiver fee shall be one hundred dollars ($100.00); a second offense ticketed for the same violation shall be punishable by a fine of four hundred dollars ($400.00), the waiver fee shall be two hundred dollars ($200.00); a third offense ticketed for the same violation shall be punishable by a fine of eight hundred dollars ($800.00), the waiver fee shall be four hundred dollars ($400.00). Upon the fourth offense, or in any circumstance where the Town seeks remedies in excess of the Judicial Bureau's jurisdiction, the Town may request that the case be transferred to the Civil Division of the Vermont Superior Court, or any other court of competent jurisdiction. Each day in which any such violation shall continue shall be deemed a separate offense.
(c) Other enforcement remedies generally; fines, injunctive relief.
(1) Fines. In addition to the fines authorized by Section 13-43(b) of this Ordinance, any person, partnership, corporation, or other entity adjudged to have violated any of the provisions of this Ordinance shall be required to bear the expense of such restoration.
(2) Injunctive relief. In addition to the foregoing penalties, an action, injunction, or other enforcement proceeding may be instituted by the Town to prevent, restrain, connect, or abate any violation or activity causing a violation under this Ordinance. The relief sought may include the right to restrain any activity that would create further violations, or to compel a person or persons to perform abatement or remediation of the violation; and to seek damages for all costs, including reasonable attorney's fees, incurred by the Town in pursuing and obtaining such relief.
(d) Stop work order; revocation of permit. Any permit issued under this Article may be suspended by the Town Manager or the Issuing Authority for violation of the permit or failure to observe Town Ordinances. Any permit issued pursuant to this Article may be revoked after a hearing before the Issuing Authority. Where necessary for the protection of public safety, the Police Department, by any of its officers, may order the suspension of work at an excavation, or the removal of an obstruction, and may order the work site secured. Such order or orders shall be effective only until the Director of Public Works, or their designee has been notified of the activity and has had reasonable opportunity to visit the site to take action for the protection of the public, but in no event shall any order by the Police Department be effective for a period greater than twenty-four (24) hours.
The following process shall be followed for appeals to Town decisions pertaining to this Ordinance:
(a) Any aggrieved person shall have the right to appeal to the Selectboard any decision of the Public Works Director, or their designee under this Ordinance as amended from time to time, by filing a petition with the Town Clerk and providing a copy to the Town Manager.
(b) Such petition shall be filed within five (5) days after receipt of notice of such action or decision. Within forty-five (45) days following receipt of the petition, the Selectboard shall meet and hear the petitioner and the Director and determine whether it should affirm or reverse the Director's decision or action or modify the same: any modification shall conform to the expressed or implied provisions of this Ordinance. The Selectboard's determination shall be made in writing and shall be sent by the Town Clerk to the Public Works Director and to the petitioner.
(c) Any aggrieved person may appeal the decision of the Selectboard to the Vermont Superior Court Civil Division, Chittenden Unit, pursuant to V.R.C.P. 75.
(d) The filing of an appeal shall not relieve a person of the obligations of this Ordinance.
(Ord. of 1-28-20)