Section 16-2-1. Purpose and Objectives.

Purpose. The purpose of this Article is to establish principles, standards and procedures for the placement of facilities, construction, excavation, encroachments and work activities within, under or upon any public right-of-way, and to protect the integrity of the City's street system.

Objectives. Public and private uses of public rights-of-way should, in the interests of the general welfare, be accommodated; however, the City must ensure that the primary purpose of the public right-of-way, passage of pedestrian and vehicular traffic, is protected. The use of the public rights-of-way by private users is secondary to these public objectives. This Article has several objectives:

To minimize public inconvenience;

To protect the City's infrastructure investment by establishing repair standards for the pavement, facilities, and property in the public rights-of-way;

To standardize regulations and thereby facilitate work within the rights-of-way;

To maintain an efficient permit process;

To conserve and fairly apportion the limited physical capacity of public rights-of-way held in public trust by the City;

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

To promote cooperation among permittees and the City in the occupation of the public rights-of-way, and work therein, in order to: eliminate duplication of facilities that is wasteful, unnecessary or unsightly; lower the permittees' and the City's costs of providing services to the public; and minimize street cuts;

To protect the public health, safety, and welfare.

[Source: Ord. 1381, 2004]

Section 16-2-2. Definitions.

For purposes of this Article, the following words shall have the following meanings:

"Access structure" means any structure providing access to facilities in the public right-of-way.

"Approved alignment" means the designed horizontal and vertical alignment of facilities to be installed in the public right-of-way which is approved by the City at the time the permit is issued, plus any alignment variance tolerances set forth in the City of Northglenn Public Right of Way Standards and Specifications, plus any alignment variances approved by the City in accordance with the City of Northglenn Public Right of Way Standards and Specifications.

"City" means the City of Northglenn, Colorado.

"City Engineer" means and includes the City Engineer of the City of Northglenn, an employee within the City of Northglenn appointed by the City Manager as City Engineer, or as Assistant City Engineer, and any employee of the City of Northglenn to whom the authority provided by this article shall be delegated by the City Manager. And of the above must be a certified professional engineer in the State of Colorado.

"City of Northglenn Public Right of Way Standards and Specifications" means the document entitled City of Northglenn Public Right of Way Standards and Specifications, as adopted by resolution of the City Council and amended from time to time.

"Contractor" means a person, partnership, corporation, or other legal entity which undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, landscape, or add to any improvements or facilities in the public right-of-way, or that requires work, workers, and/or equipment and/or materials to be in the public right-of-way in the process of performing the above named activities.

"Developer" means the person, partnership, corporation, or other legal entity improving a parcel of land within the City and being legally responsible to the City for the construction of infrastructure within a subdivision or as a condition of a building permit.

"Emergency" means any event which may threaten public health or safety, or that results in an interruption in the provision of service, 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.

"Excavate" or "excavation" means to dig into or in any way remove or penetrate any part of a public right-of-way, including trenchless excavation such as potholing, boring, tunneling and jacking.

"Facilities" means any pipe, conduit, wire, cable, amplifier, transformer, fiber optic cable, antenna, pole, street light, duct, fixture, appurtenance or other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utility and other services, whether above or below ground.

"Fee schedule" means the document entitled the City of Northglenn Fee Schedule, as adopted by resolution of the City Council and amended from time to time.

"Infrastructure" means any public facility, system, or improvement including water and sewer mains and appurtenances, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, parks, bike paths, trails, sidewalks, and public safety equipment.

"Landscaping" means grass, ground cover, shrubs, vines, hedges, trees and non-living natural materials commonly used in landscape development, as well as attendant irrigation systems.

"Major installation" means work in the public right-of-way involving an excavation exceeding five hundred feet in length.

"Permit" means an authorization for use of the public rights-of-way granted pursuant to this Article.

"Permittee" means the holder of a valid permit issued pursuant to this Article.

"Public right-of-way" means any public street, way, place, alley, sidewalk, trail, path, easement, park, square, median, parkway, boulevard or plaza that is dedicated to public use.

"Restricted rights-of-way" means any portion of the public right-of-way on the streets listed in the Public Right of Way Standards and Specifications that is dedicated to public use.

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

"Sub-Contractor" means a person, partnership, corporation, or other legal entity which undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, landscape, or add to any improvements or facilities in the public right-of-way, or that requires work, workers, and/or equipment and materials to be in the public right-of-way in the process of performing the above named activities on behalf of the contractor. Sub-contractors shall work under the direct supervision of the contractor. Sub-contractors performing work for another contractor without direct on-site supervision shall be considered independent contractors subject to the same terms and conditions as a contractor.

"Work" means any labor performed within a public right-of-way and/or any use or storage of equipment or materials within a public right-of-way, including but not limited to: placement or installation of traffic control devices; excavation; construction of streets, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, and traffic signal devices; construction, maintenance, and repair of all underground facilities such as pipes, conduit, ducts, tunnels, manholes, vaults, cable, wire, or any other similar structure; maintenance of facilities; and installation of overhead poles used for any purpose. Notwithstanding the foregoing, "work" shall not include routine maintenance.

[Source: Ord. 1381, 2004; 1581, 2010; 1651, 2013]

Section 16-2-3. Police Power.

A permittee's rights hereunder shall at all times be subject to the police power of the City, which includes the power to adopt and enforce ordinances, including amendments to this Article, necessary for the safety, health, and welfare of the public.

The City reserves the right to exercise its police power, notwithstanding anything in this Article or any permit to the contrary. Any conflict between the provisions of any permit and any other present or future lawful exercise of the City's police power shall be resolved in favor of the latter.

[Source: Ord. 1381, 2004]

Section 16-2-4. Permit Required.

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 work in a public right-of-way without first obtaining a permit from the City as set forth in this Article. Permits shall be valid only for the person or company listed on the permit. No person or company, including sub-contractors shall work under another person or companies permit. Copies of the permit and associated documents shall be maintained on the work site and available for inspection upon request by any officer or employee of the City.

No permittee shall perform work in an area larger or at a location different, or for a longer period of time than that specified in the permit. If, after work is commenced under an approved permit, it becomes necessary to perform work in a larger or different area or for a longer period of time than what the permit specifies, the permittee shall notify the City immediately and within twenty-four hours shall file a supplementary application for the additional work.

Permits shall not be transferable or assignable without the prior written approval of the City.

Any person conducting any work within the public right-of-way without having first obtained the required permit shall immediately cease all activity and obtain a permit before work may be resumed, except for emergency operations performed pursuant to Section 16-2-26.

[Source: Ord. 1381, 2004]

Section 16-2-5. Developer Ownership of Infrastructure.

In the City, the construction of infrastructure in new developments is the responsibility of the developer. Once a public right-of-way has been dedicated to the City, all work in that public right-of-way, including the installation of new infrastructure by a developer, shall be subject to this Article.

[Source: Ord. 1381, 2004]

Section 16-2-6. Permit Application.

An applicant for a public right-of-way permit shall file a written application on a form furnished by the City which includes the following information:

The date of application;

The name, address and telephone number of the applicant and any contractor or subcontractor which will perform any of the work;

Construction plans showing the work site, the public right-of-way boundaries, all infrastructure in the area, and all landscaping in the area;

The purpose of the proposed work;

A traffic and pedestrian control plan in accordance with the City of Northglenn Public Right of Way Standards and Specifications;

The dates for beginning and ending the proposed work and proposed hours of work, and the number of actual work days required to complete the project. Right-of-way permits shall be valid for a maximum of ninety days from date of issuance and shall be allowed one extension of ninety days;

A copy of each contractor's license required by the Public Right of Way Standards and Specifications;

Certificate of insurance as required by Section 16-2-10;

Performance, Payment, Maintenance and Warranty Bond as required by Section 16-2-12 (a);

Concrete, asphalt, and controlled low strength material (CLSM) mix designs;

If applicable, material submittals in accordance with the City of Northglenn Standards and Specifications;

If applicable, State of Colorado Stormwater Discharge permit;

If applicable, a Land Disturbance permit as required by Chapter 16 Article 17 of the Municipal code;

If applicable, a City construction water meter application;

The applicable permit fees as set by the City of Northglenn Public Right of Way Standards and Specifications and Fee Schedule.

For any work in the public right-of-way which includes excavation, in addition to the information required by subsection (a) of this section, the application shall include the following information:

An itemization of the total cost of construction, including labor and materials but excluding the cost of any privately owned facilities being installed which will not be dedicated to the City;

Copies of all permits and licenses (including required insurance, deposits, bonds, and warranties) required to do the proposed work, whether required by federal or state law or City resolution, ordinance or regulation.

An applicant for a public right-of-way permit for a major installation shall, in addition to the information required by subsections (a) and (b) of this section, submit the following information:

Field-verified locates of all existing facilities required to be located by the City of Northglenn Public Right of Way Standards and Specifications, which locates shall be compiled and submitted according to the City of Northglenn Public Right of Way Standards and Specifications and Section 16-2-17; and

Engineering construction drawings or site plans for the proposed work in a format acceptable to the City and signed by a professional engineer licensed in the State of Colorado, except that an applicant expressly exempt from the signature requirement pursuant to C.R.S. § 12-25-103, as amended, need not include the signature of a licensed professional engineer.

An applicant shall update a permit application within ten calendar days after any material change occurs.

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 fees. Applicants must agree among themselves as to the portion each shall pay, and if no agreement is reached, payment in full shall be required of all applicants.

The applicant for a public right-of-way permit shall be the contractor performing the work.

By signing an application, the applicant is certifying to the City that the applicant is in compliance with all other permits issued by the City, that the applicant will not allow any other applicants to work under the permit, and that the applicant is not delinquent in any payment due to the City for prior work. This certification 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.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-7. Repealed.

[Source: Ord. 1651, 2013]

Section 16-2-8. City Review and Approval.

An application for a public right-of-way permit shall be reviewed by the City for completeness within five working days of submission. If the application is not complete, the City shall notify the applicant of all missing information within the five-day time period.

Once an application is deemed complete by the City, the City shall review the application to determine whether the application complies with this Article and the City of Northglenn Public Right of Way Standards and Specifications. The time for such review shall be as follows:

For a public right-of-way permit which does not include excavation, within five working days;

For a public right-of-way permit which includes excavation but is not a major installation, within ten working days;

For a public right-of-way permit for a major installation, within fifteen working days.

At the conclusion of the review period, the City shall either approve the permit, approve the permit with conditions, or deny the permit. If the permit is denied, the City shall send a written notice of denial to the permittee at the address listed on the application, via first-class mail, postage prepaid. The notice shall include the reason(s) for denial.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-9. Permit Fees.

Before a public right-of-way permit is issued, the applicant shall pay to the City a permit fee, which shall be determined in accordance with the fee schedule and the fees contained in the City of Northglenn Public Right of Way Standards and Specifications. Permit fees shall be reasonably related to the costs of managing the public rights-of-way. These costs include, but are not limited to, the costs of issuing rights-of-way permits, verifying rights-of-way occupation, mapping rights-of-way occupation, inspecting work, administering this Article, and, if applicable, costs relating to restoration of the public right-of-way to remedy degradation of that public right-of-way caused by the permittee.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-10. Insurance.

Unless otherwise specified in a franchise agreement or other maintenance agreement between a permittee and the City, prior to the granting of any permit, the permittee shall carry and maintain in full effect at all times the following insurance coverage:

Workmen's Compensation Insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this permit, and Employer's liability insurance with minimum limits of one hundred thousand dollars ($100,000) each accident, one hundred thousand dollars ($100,000) disease - each employee, and five hundred thousand dollars ($500,000) disease - policy limit. Evidence of qualified self-insured status may be substituted for the workmen's compensation insurance requirements of this paragraph.

General Liability Insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including independent contractors), products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest provision.

Comprehensive Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregate with respect to each of permittee's owned, hired or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision.

The policy shall be endorsed to include The City of Northglenn and The City of Northglenn's officers, volunteers and employees as additional insured. Every policy shall be primary insurance, and any insurance carried by The City of Northglenn, its officers, or its employees, or carried by or provided through any insurance pool of The City of Northglenn's, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The permittee shall be solely responsible for any deductible losses under any policy required above.

The Certificate of Insurance, with an original signature shall be provided to The City of Northglenn, and shall be completed by the permittee's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by The City of Northglenn prior to issuance of the permit. No other form of certificate shall be used. The certificate shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior written notice has been given to The City of Northglenn.

[Source: Ord. 1381, 2004]

Section 16-2-11. Indemnification.

Each permittee, for itself and its related entities, agents, employees, subcontractors, and the agents and employees of said subcontractors, shall hold the City harmless and 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, and reimburse the City for all its reasonable expenses, as incurred, arising out of any work or activity in the public right-of-way, including, but not limited to, the actions or omissions of the permittee, its employees, representatives, agents, contractors, related entities, successors and assigns, or the securing of and the exercise by the permittee of any 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 Article or other applicable law. A 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 willful and wanton acts of the City or any of its officers, employees, or agents.

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, a permittee refuses to defend the City, and the City elects to defend itself with regard to such matters, the permittee shall pay all expenses incurred by the City related to its defense, including reasonable attorney fees and costs.

If a permittee is a public entity, the indemnification requirements of this section shall be subject to the provisions of the Colorado Governmental Immunity Act.

If any provision of this section conflicts with any provision of a valid, effective franchise agreement between the permittee and the City, the conflicting provision of this section shall not apply to the franchisee, and the franchisee shall instead honor the provision of the franchise agreement.

[Source: Ord. 1381, 2004]

Section 16-2-12. Performance Bonds and Letters of Credit.

Before a public right-of-way permit is issued, the applicant shall file with the City a bond or letter of credit, at the applicant's choice, in favor of the City in an amount equal to the total cost of construction, including labor and materials but excluding the cost of any private facilities being installed, or five thousand dollars, whichever is greater. The bond or letter of credit shall be executed by the applicant as principal and by at least one surety upon whom service of process may be had in the state. The bond shall be on the form provided by the City. The bond or letter of credit shall be conditioned upon the applicant fully complying with all provisions of City ordinances, resolutions and regulations, and upon payment of all judgments and costs rendered against the applicant for any violation of any City resolution, regulation or ordinances or state law arising out of any negligent or wrongful acts of the applicant in the performance of work pursuant to the permit.

The City may bring an action on the bond or letter of credit on its own behalf or on behalf of any person so aggrieved as beneficiary.

The bond or letter of credit, with an original signature, in a form acceptable to the City, shall be approved by the City prior to the issuance of the permit.

A letter of responsibility, in a form acceptable to the City, shall be accepted from special districts and governmental agencies in lieu of a performance bond or letter of credit.

An annual bond of sufficient amount to cover all proposed work during the upcoming year may be filed with the City on an annual basis in lieu of the project-specific performance bonds or letters of credit required by subsection (a) of this Section. The form and amount of the annual bond shall be subject to the prior review and approval of the City. Should the annual bond be deemed insufficient by the City based on the work to date or based on the circumstances of a particular project which, in the City's sole discretion, requires a project-specific bond, the City may require additional, project-specific performance bonds or letters of credit pursuant to subsection (a) of this Section. The City shall further be authorized to require an annual bond and/or a project-specific bond from any contractor, whether or not such contractor is referred to by the applicant as a subcontractor, if the City determines such contractor is not working under the direct supervision of another contractor which has already furnished such a bond.

The performance bond, annual bond, letter of credit or letter of responsibility shall remain in force and effect for a minimum of two years after completion and written acceptance by the City of the street cut, excavation or lane closure.

If any provision of this section conflicts with any provision of a valid, effective franchise agreement between the applicant and the City, the conflicting provision of this section shall not apply to the franchisee, and the franchisee shall instead honor the provision of the franchise agreement.

If any provision of this section conflicts with any provision of any valid, effective agreement between a special district or other pubic entity and the City, the conflicting provision of this section shall not apply, and the special district or other public entity shall instead honor the provision of the agreement.

[Source: Ord. 1381, 2004; 1651, 2013]

Section 16-2-13. Warranty.

A permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the City and in accordance with this Article, the City of Northglenn Public Right of Way Standards and Specifications and warrants and guarantees all work done for a period of two years after the date of probationary written acceptance.

Under the warranty, the permittee shall at its own expense repair or replace, at the discretion of the City, any portion of the work that fails, is defective, is unsound, or is unsatisfactory because of design, engineering, materials or workmanship.

The warranty period shall begin on the date of the City's probationary acceptance of the work. If repairs are required during the warranty period, those repairs need only be warranted until the end of the initial two-year period starting with the date of probationary written acceptance.

At any time prior to completion of the warranty period, the City may notify the permittee in writing of any needed repairs. If the defects are determined by the City to be an imminent danger to the public health, safety and welfare, the permittee shall begin repairs within twenty-four hours of receipt of the written notice and continue the repairs until completion. Non emergency repairs shall be completed within fourteen days after notice.

The warranty shall cover only those areas of work performed by the permittee which provided the warranty and not directly impacted by the work of any other permittee or the City. If a portion of work warranted by a permittee is subsequently impacted by work of another permittee, another user of the right-of-way or the City during the warranty period, the other permittee or the City, as applicable, shall assume responsibility for repair to the subsequently impacted portion of the public right-of-way.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-14. Inspections.

The following five inspections shall take place, at a minimum:

Preconstruction Inspection. The permittee shall request that the City conduct a preconstruction inspection, to determine any necessary conditions for the permit;

Utility Marking Inspection. The City shall conduct a utility marking inspection pursuant to Chapter 16-2-6 (c) (1) of this code;

Construction Inspection. The permittee shall notify the City forty eight hours in advance of the start of work, and shall notify the City of inspection requests with twenty four hours advance notice. All work performed in the City right-of-way shall be subject to inspection;

Completed Work Inspection. The permittee shall notify the City immediately after completion of work. The City shall inspect the work within twenty-one days of the permittee's notification. Probationary acceptance shall be made if all work complies with this Article, the City of Northglenn Public Right of Way Standards and Specifications and any other applicable City regulation, ordinance or resolution. Written notice of probationary acceptance shall be mailed by first-class mail, postage prepaid, to the permittee's address as listed on the permit application;

Warranty Inspection. Approximately thirty days prior to the expiration of the two-year warranty period, the City shall conduct a final inspection of the work. If the work is still satisfactory, the bond or letter of credit shall be returned or allowed to expire and the City shall issue a letter of final acceptance;

Upon review of the application for a permit, the City shall determine how many additional inspections, if any, may be required. The total number of required inspections shall be listed on the permit. For a permit which does not include excavation, the City may waive any or all of the above-listed inspections.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-15. Time of Completion.

All work covered by the permit shall be completed within the time period stated on the permit, unless an extension has been granted by the City in writing, in which case all work shall be completed within the time period stated in the written extension.

Permits shall be void if work has not commenced within thirty days after issuance, unless an extension has been granted by the City in writing. The permittee shall request such an extension in writing, and the City shall either grant or deny the request within five working days of receipt of the request.

[Source: Ord. 1381, 2004]

Section 16-2-16. Joint Planning and Construction.

Permittees shall make reasonable efforts to attend and participate in meetings of the City, of which the permittee is notified, regarding public right-of-way issues that may impact its facilities, including, planning meetings to anticipate joint trenching and boring.

Each permittee owning, operating or installing facilities in public rights-of-way shall meet annually in January with the City, at the City's request, to discuss the permittee's planned major excavations in the City. As used in this subsection, the term "planned major excavations" means any major excavations planned by the permittee that will affect any public right-of-way for more than five days per year during the next three years. Between the annual meetings to discuss planned major excavations, the permittee shall use its best efforts to inform the City of any substantial changes in the planned major excavations discussed at the annual meeting.

Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, a permittee shall meet and cooperate with other providers, licensees, permittees, and franchisees so as to reduce so far as possible the number of street cuts and bores within the City and the amount of pedestrian and vehicular traffic that is obstructed or impeded. Should two permittees refuse to joint trench or share bores or street cuts, the City may require each permittee to submit written evidence detailing why such joint trenching or sharing would be impossible or impractical. Such evidence may include the potential impact of joint trenching or sharing on the timing of the initiation and/or completion of the work. The City shall consider the evidence submitted. Should the permittee fail to provide evidence satisfactory to the City that joint trenching or sharing is impossible or impractical, the City may deny a permit on that basis.

[Source: Ord. 1381, 2004]

Section 16-2-17. Locate Information.

Any person owning facilities in the public right-of-way shall provide field locate information to the City and any other permittee with a valid public right-of-way permit which authorizes locate pothole excavation or other excavation work. Within seven days of receipt of a written request from the City or such a permittee, the facility owner shall field locate facilities in the public right-of-way in which the work will be performed.

A permittee shall obtain a public right-of-way permit to locate other existing facilities as provided in the City of Northglenn Public Right of Way Standards and Specifications. The location of such facilities shall be field-verified in a manner approved by the City.

Before beginning excavation in any public right-of-way, a permittee shall contact the Utility Notification Center of Colorado (UNCC) and, to the extent required by C.R.S. § 9-1.5-102 et seq., make inquiries of all ditch companies, utility companies, districts, local governments, 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 locates of all facilities in the area pursuant to UNCC requirements. Field locates shall be marked prior to commencing work.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-18. Minimal Interference with Other Property.

Work in the public right-of-way or on or near other public or private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Facilities shall be located, constructed and maintained in such manner as not to interfere with sewers, water pipes, or any City property, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the public rights-of-way by the City or its authority.

Facilities shall not unnecessarily hinder or obstruct the free use of the public rights-of-way or other public property, interfere with the travel and use of the public rights-of-way by the public during the construction, repair, operation or removal thereof, or obstruct or impede traffic.

[Source: Ord. 1381, 2004]

Section 16-2-19. Underground Construction and Use of Poles.

When required by City ordinance, resolution or regulation or applicable state or federal law, and in locations where all existing facilities are located underground, all of a permittee's facilities shall be installed underground at no cost to the City.

In areas where existing facilities are above-ground, the permittee may install above-ground facilities.

For above-ground facilities, a permittee shall use existing poles wherever possible.

[Source: Ord. 1381, 2004]

Section 16-2-20. City's Use of Trenches, Bores and Other Facilities Located in the Right-of-Way.

Should the City desire to place its own facilities in trenches or bores opened by a 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 writing 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 that: the City incurs any incremental increase in cost of the trenching and boring; the City's installation does not unreasonably delay the permittee's work; and the City's facilities are used solely for noncommercial, City purposes. The City shall be responsible for maintaining its respective facilities buried in the permittee's trenches and bores. If requested by the permittee, the City shall have separate access structures, and shall not use the permittee's access structures.

Every utility and every provider of similar service within the City, regardless of whether it holds a franchise from the City, may be required by the City to permit joint use of its facilities located in the streets, alleys, or other public places in the City, as such may be reasonably practicable. Examples of such joint use may include, but are not limited to, attachment of flags, banners, or similar signs announcing public events, holiday lights and other decorative attachments, pedestrian or other traffic related safety signs, flashing crosswalk lights, flower pots and baskets, and other similar attachments. Such use of said facilities by the City shall not create a material negative impact on a private entity's facilities or operations, and such use may only be considered when it can be accomplished, at the City's discretion, in a manner that is protective of public health and safety. Nothing contained herein shall limit the City's ability to enter into any other type of joint use agreement with utility and other service providers owning facilities located in City streets, alleys, or other public places.

The City may adopt standards for use by the City of a private entity's facilities in City streets, alleys and other public places and shall apply such standards to all similarly situated facilities; provided, however, that such standards may be modified where unusual conditions indicate such a modification will allow for an adequate and safe utilization of such facilities.

f the utility or other service provider that is the owner of the facilities in the streets, alleys or other public places objects to any proposed City use of such facilities, the City shall be permitted to undertake a study to address the concerns raised by the facilities' owner.

The owner of the facilities shall cooperate in providing the City any information reasonably needed to study and respond to the facilities' owner's objections. For purposes of this Section 16-2-20, an owner shall be deemed to have failed to cooperate if it does not provide the City with any information reasonably requested within seven (7) calendar days of a written request.

If the City provides information to the utility or other service provider which reasonably demonstrates that its proposed use of the facility will not cause a material negative impact on the utility or other service provider's facilities or operations and will not negatively impact public health and safety, the facility owner shall allow the City's proposed use, subject to any conditions reasonably necessary to insure that the use will not cause the negative impacts described herein. Failure to make such facilities available for City use as provided herein shall be a violation of this Chapter and subject to the penalties set forth in Section 16-2-29 of this Chapter.

It shall be unlawful for any person, including any representative or contractor of a utility or other service provider, to remove flags, banners, or similar signs announcing public events, holiday lights and other decorative attachments, pedestrian or other traffic related safety signs, flashing crosswalk lights, flower pots and baskets, and other similar attachments from facilities located in the streets, alleys, or other public places in the City without receiving advance written permission from the City Manager or the City Manager's designee.

In addition to addressing violations of this Section under Section 16-2-29 of the Northglenn Municipal Code, if a facility owner fails to make its facilities available after the City has provided the information described in this Section 16-2-20, the City Manager or the City Manager's designee is authorized to withhold issuance of a building permit or any other required permit sought by the facility's owner until arrangements have been made to the City's satisfaction that the requested City use of the facilities in the streets, alleys, or other public places is being provided.

[Source: Ord. 1381, 2004; 1635, 2012]

Section 16-2-21. City of Northglenn Public Right of Way Standards and Specifications.

Each permittee shall comply with the City of Northglenn Public Right of Way Standards and Specifications for all work in the public right-of-way, including the location of the work and facilities within the public right-of-way.

Except as otherwise provided in this Article, the permittee shall be fully responsible for the cost and actual performance of all of its work in the public rights-of-way.

All restoration shall result in a work site condition equal to or better than that which existed prior to the work and in compliance with the provisions of the Public Right of Way Standards and Specifications.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-22. Restricted Rights-of-Way.

To reduce the impact of work within the public right-of-way in and around certain heavily-traveled arterial and collector streets within the City between the hours of 6:00 a.m. and 10:00 p.m. ("business hours"), the City shall restrict the hours of work in such public rights-of-way to 8:30 a.m. through 3:30 p.m., Monday through Friday, and 10:00 p.m. through 5:30 a.m., Sunday through Thursday.

Those public rights-of-way in and around the streets listed in the City of Northglenn Public Right of Way Standards and Specifications as "restricted rights-of-way" shall be subject to this section.

If a restricted right-of-way is subject to excavation or construction as part of a City, state or other public improvement project, public right-of-way permits for major installations during business hours may be issued by the City during such improvement project notwithstanding the restrictions set forth in this section.

Exemption from restricted schedule. In rare circumstances, the City may grant an exemption from the restrictions for restricted rights-of-way in accordance with the following procedures:

A request to be exempted from the restrictions shall be in writing on a form acceptable to the City, and shall contain the following information, at a minimum:

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;

The location, width, length, and depth of the proposed excavation;

Criteria for approval. In determining whether an exemption should be granted, the City shall consider the following criteria, at a minimum:

Whether alternative alignments that do not involve excavating in the restricted public right-of-way are available, and the relative costs of any such alternative alignments;

Whether duct, conduit or other facilities are reasonably available from another user of the public right-of-way;

Whether the proposed work involves joint trenching or joint use, and the number of users to share in the trenching or use;

Whether the proposed work is to be by horizontal boring, tunneling or open trenching;

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;

Whether the purpose of the proposed work is to provide service to a particular building, or to a customer within a building who has requested such service, and whether denial of the exemption would prevent the applicant from providing such service;

Whether the proposed work can reasonably be performed outside of business hours.

Exemptions for Emergency Operations. Emergency operations in restricted rights-of-way shall be permitted pursuant to Section 16-2-26.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-23. Newly Resurfaced and Constructed Streets.

For newly resurfaced and constructed streets, no excavation in the pavement shall be permitted within five years of the completion of the resurfacing or construction.

The City shall publish once in a newspaper of general circulation in the City during the spring of each year, a list of those streets which will be resurfaced or constructed in that year. The list shall also be published on the City's website.

Exemption. In rare circumstances, the City may grant an exemption from this section in accordance with the following procedures:

A request for exemption shall be in writing on a form acceptable to the City, and shall contain the following information, at a minimum:

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;

The location, width, length, and depth of the proposed excavation;

A statement as to how any of the criteria set forth in subsection (c)(2) of this section apply to the proposed work;

Criteria for Approval. In determining whether an exemption should be granted, the City shall consider the following criteria, at a minimum:

Whether alternative alignments that do not involve excavating in the street are available;

Whether the proposed excavation can reasonably be delayed until after the five-year period has elapsed;

Whether duct, conduit or other facilities are reasonably available from another user of the public right-of-way;

Whether the proposed work involves joint trenching or joint use, and the number of users to share in the trenching or use;

Whether the proposed work is to be by horizontal boring, tunneling or open trenching;

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;

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;

Whether the work is limited to locate potholing to provide locate information required by Section 16-2-17.

Exemptions for Emergency Operations. Emergency operations in newly resurfaced or constructed streets shall be permitted pursuant to Section 16-2-26.

[Source: Ord. 1381, 2004]

Section 16-2-24. Relocation of Facilities.

If the relocation of any facilities in the public right-of-way becomes necessary to allow the City to make any public use of the public right-of-way, or because of the improvement, repair, construction or maintenance of any public right-of-way, or because of traffic conditions, public safety or installation of any type of public improvement by the City or other public agency or special district, or if the City implements any general program for the undergrounding of such facilities, the City may request the owner to relocate facilities within or adjacent to public rights-of-way, either temporarily or permanently. The City shall notify the affected owner, at least ninety days in advance, except in the case of emergencies, of the reason for the relocation and the projected start date of the project necessitating the relocation. The City shall provide the affected owner with such notice at least one hundred twenty days in advance if the relocation will be considered a major installation under this Article. The owner shall thereupon, at its own cost, accomplish the necessary relocation within a reasonable time from the date of the notification, but in no event later than three working days prior to the date listed in the notice as the proposed start date, or immediately in the case of emergencies.

Should the owner fail to perform the relocation, the City may perform such relocation at the owner's expense and the owner shall reimburse the City as provided in Section 16-2-27.

Following relocation, the owner shall, at the owner's expense, restore all affected property to, at a minimum, the condition which existed prior to the work. An owner may request additional time to complete a relocation project, and the City may grant an extension if, in its sole discretion, the extension will not adversely affect the City's project or the public use of the affected public rights-of-way.

[Source: Ord. 1381, 2004]

Section 16-2-25. Abandonment and Removal of Facilities.

Notification. An owner that intends to discontinue use of any facility within the public right-of-way shall notify the City 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 fifteen days from the date such notice is submitted to the City, and the method of removal and restoration. The owner may not remove, destroy or permanently disable any such facilities during said fifteen-day period without written approval of the City. After fifteen days from the date of such notice, the owner may commence removal and disposal of such facilities as set forth in the notice, as the notice may be modified by the City. The owner shall complete such removal and disposal within one hundred eighty days, unless additional time is requested from and granted by the City.

Abandonment of facilities in place. Upon prior written approval of the City, an owner may either:

Abandon the facilities in place, and immediately convey full title and ownership of such abandoned facilities to the City. The only consideration for the conveyance shall be the City's permission to abandon the facilities in place. The owner shall be responsible for all obligations and liabilities until the conveyance to the City is completed;

Abandon the facilities in place, but retain ownership and responsibility for all liabilities associated therewith.

If any provision of this section conflicts with any provision of a valid, effective franchise agreement between the permittee and the City, the conflicting provision of this section shall not apply to the franchisee, and the franchisee shall instead honor the provision of the franchise agreement.

[Source: Ord. 1381, 2004]

Section 16-2-26. Emergency Procedures.

Any person maintaining facilities in the public right-of-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 the first working day after such work has commenced. All emergency work shall require prior telephone notification to the City's engineering department, the City's police department and the appropriate fire protection agency.

If any damage occurs to an underground facility or its protective covering, the contractor or permittee responsible shall notify the facility's owner promptly. When the facility's owner receives a damage notice, the facility's owner 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 or permittee responsible shall immediately notify the facility's owner and 911 and take immediate action to protect the public and nearby properties.

[Source: Ord. 1381, 2004]

Section 16-2-27. Reimbursement of City Costs.

The City may make any repairs necessary to eliminate any imminent danger to the public health or safety without notice to any permittee, at the responsible permittee's expense.

For any work not performed by a permittee as directed by the City but not constituting imminent danger to the public health or safety, the City shall provide written notice to the permittee, ordering that the work be corrected within ten days of the date of the notice. If the work is not corrected within the ten-day period, the City may correct the work at the permittee's expense.

Costs of any work performed by the City pursuant to this section shall be billed to the permittee. The permittee shall also be responsible for any direct costs incurred by the City. The permittee shall pay all such charges within thirty 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 performance bond or letter of credit. Furthermore, the permittee may be barred from performing any work in the public right-of-way, and under no circumstances will the City 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.

[Source: Ord. 1381, 2004]

Section 16-2-28. Permit Revocation and Stop Work Orders.

A public right-of-way permit may be revoked or suspended by the City for any of the following:

Violation of any condition of the permit or any provision of this Article or the City of Northglenn Public Right of Way Standards and Specifications;

Violation of any other City ordinance or state law relating to the work.

Existence of any condition or performance of any act which, in the City's determination, constitutes or causes a condition endangering life or property.

Stop Work Orders. A stop work order may be issued by the City to any person or persons performing or causing any work to be performed in the public right-of-way for:

Performing work without a permit except for emergency repairs to existing facilities as provided for in this Article;

Performing work in violation of any provision of this Article, or any other City resolution, ordinance or regulation, or state law relating to the work;

Performing any act which, in the City's determination, endangers life or property.

A suspension, revocation or stop work order shall take effect immediately upon delivery of written notice to the person performing the work or to the permittee. If neither the person performing the work nor the permittee can be located on the work site on the day of issuance of the suspension, revocation or stop work order, the suspension, revocation or stop work order shall take effect upon mailing of the written notice via first-class mail, postage prepaid, to the permittee's last known address.

[Source: Ord. 1381, 2004; 1581, 2010]

Section 16-2-29. Penalties.

If any person, firm or corporation is found guilty of or pleads guilty to a violation of any of the provisions of this Article, they shall be punished as provided in Section 1-1-10 of this code. Each and every day or portion thereof during which a violation is committed, continues or is permitted shall be deemed a separate offense.

In addition to or in lieu of the penalties set forth in subsection (a) of this section, the City may impose the following monetary penalties:

For any occupancy of a travel lane or any portion thereof beyond the time periods or days set forth in the traffic control plan approved by the City:

In arterial and collector streets (as defined in the City of Northglenn Transportation Plan) during the hours of 5:30 a.m. through 8:30 a.m. and 3:30 p.m. through 9:30 p.m., Monday through Friday, and all day Saturday and Sunday: one hundred dollars ($100.00) for each fifteen minutes, or portion thereof, for a maximum of three thousand dollars ($3,000.00) per day;

In arterial and collector streets during any time other than the times specified in subsection (b)(1)(II) of this section, or in local streets at any time: fifty dollars ($50.00) for each fifteen minutes, or portion thereof, for a maximum of one thousand five hundred dollars ($1,500.00) per day.

For commencing work without a valid permit: five hundred dollars ($500.00), plus twice the applicable permit fee;

For facilities installed outside of the approved alignment: ten dollars ($10.00) per linear foot. This penalty shall not be imposed if the facilities are removed and/or relocated to comply with the approved alignment, or the facilities are abandoned pursuant to Section 16-2-25(c);

For any other violation of a permit: two hundred fifty dollars ($250.00) per violation, with no maximum amount.

The penalties set forth in this section shall not be the City's exclusive remedy for violations of this Article, and shall not preclude the City from bringing a civil action to enforce any provision of a public right-of-way permit, or to collect damages or recover costs associated with any use of the public rights-of-way. Furthermore, the exercise of one penalty shall not preclude the City from exercising any other penalty.

[Source: Ord. 1381, 2004]