Ordinance Number 295

An ordinance amending section 21 of ordinance No. 288, regarding construction work in town right of way. 

Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that. 

Section l. Section 21 of Ordinance No. 288 is amended to read as follows: Section 21.  Newly Resurfaced and Constructed Streets.

  1. For newly resurfaced and constructed or reconstructed streets, if a permittee disturbs more than fifty percent (50%) of the road within a Town block, the permittee shall be required as its restoration obligation to repave the entire roadway within the Town block. In the event a permittee disturbs less than fifty percent (50%) of the road within a Town block, the permittee shall be required to follow Arapahoe County standards for the restoration of the Town roadway.
  2. The Town shall publish on its website during the spring of each year, a list of those streets which will be resurfaced or constructed in that year.
  3. Exemption. In rare circumstances, the Town may grant an exemption from this section in accordance with the following procedures:
    1. A request for exemption shall be in writing on a form acceptable to the Town, and shall contain the following information, at a minimum:
      1. A detailed and dimensional engineering plan that identifies and accurately represents all public rights-of-way and other property that will be impacted by the proposed work, and the method of construction.
      2. The location, width, length, and depth of the proposed excavation.
      3. A statement as to how any of the criteria set forth in subsection B of this Section apply to the proposed work.
    2. Criteria for Approval. In determining whether an exemption should be granted, the Town shall consider the following criteria, at a minimum:
      1. Whether alternative alignments that do not involve excavating in the street are available.
      2. Whether the proposed excavation can reasonably be delayed until after the three-year period has elapsed.
      3. Whether duct, conduit or other facilities are reasonably available from another user of the public right-of-way. 
      4. Whether the proposed work involves joint trenching or joint use, and the number of users to share in the trenching or use.
      5. Whether the proposed work is to be by horizontal boring, tunneling or open trenching.
      6. Whether applicable law requires the applicant to provide service to a particular customer, and whether denial of the exemption would prevent the applicant from providing such service.
      7. Whether the purpose of the proposed work is to provide service to a particular building, or a customer within a building who has requested such service, and whether denial of the exemption would prevent the applicant from providing such service.
      8. Whether the work is limited to locate potholing to provide locate information required by Section 15.
    3. Exemptions.
  4. Exemptions for Emergency Operations. Emergency operations in newly resurfaced or constructed streets shall be permitted pursuant to Section 24.

Section 2. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict, including without limitation, any maximum specific penalty contained in any acts, orders, resolutions, or ordinances for any violation thereof.

Section 3. Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk and shall be published as required by law.

Section 4. Effective Date. 

This Ordinance shall become effective thirty (30) days after final publication.

Adopted and approved this 11th day of April 2023.

Judd Behrens, Mayor
Town of Deer Trail

Attest: Ali Eldringhoff, Town Clerk