Agenda Date: 12/03/2024
Subject:
Title
Ordinance 28-2024: An ordinance on second reading repealing and reenacting Title 8, Chapter 1 Streets and Sidewalks, General Regulations
Body
From:
James L. Becklenberg, City Manager
Prepared by:
Atasi Titlow, Sr. Asst. City Attorney
Presentations:
Reid Betzing, City Attorney
Brent Soderlin, Director of Public Works & Utilities
PURPOSE:
The purpose of this ordinance is to update varying provisions of the city's municipal code regarding right-of-way regulations to: 1) provide the public with a more streamlined process by establishing a process for obtaining permits and establishing fees; 2) codify Public Works and Utilities' current practice and centralize standard conditions into code; and 3) afford the city and public greater protections in the right-of-way by establishing a means to regulate and enforce the use of public rights-of-way.
LONG-TERM OUTCOME(S) SERVED:
Safe Community; High-Quality Governance
DISCUSSION:
Public and private uses of public rights-of-way for location of facilities and work activities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the city must ensure that the primary purpose of the rights-of-way, passage of pedestrian, bicycles, and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, facilities, and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the rights-of-way by permanent and temporary private users is secondary to these public objectives and the movement of traffic. The city has a significant interest in ensuring that work activities conducted within the public rights-of-way are completed in a timely and cost-effective manner. It is necessary to require permits of permanent and temporary private users of the public rights-of-way, to establish permit procedures and to fix and collect fees and charges, to establish a means to regulate and enforce use of public rights-of-way, and to implement Section 118 of the City Charter by permitting temporary use of city property.
Staff is proposing the attached code amendments to provide a balance between the public need for efficient, safe transportation routes and the use of rights-of-way for location of facilities by public and private entities.
BACKGROUND:
A right-of-way ("ROW") permit is a license that allows individuals or entities to use the City of Littleton's public property for temporary or permanent work, activities, or improvements. A ROW permit is required prior to any work activities being performed or temporary obstructions or occupations in the public ROW to ensure it meets the City's standards and to assure safety for the traveling public, minimize delay, and which maximizes the efficient use of the City's public ROW. Work activities include, but are not limited to, private utility connections, repairs, and new installations; tree removal and trimming; installation of fiber use facilities; street and alley paving, cuts, and repairs; temporary storage of moving pods or dumpsters. Prior to work in the public ROW, an application for the permit must be submitted online, within the City of Littleton's eTRACKiT portal.
The City's ROW regulations, which were last updated in 2011, in Littleton Municipal Code Section 8-1-1 state:
A. Permit Required: No person shall dig any hole, trench, ditch or other excavation in or upon any street, alley, sidewalk or public place within the city without having first obtained a written permit from the city manager or his authorized representative.
B. Bond Furnished by Applicant: Each applicant shall post a noncancelable bond in the amount required by the public services bond or cash deposit schedule, payable to the city or shall deposit a like amount in cash, which shall assure recovery by the city of any expenses flowing from the street cuts made by the applicant within one year following the date of the permit.
All ROW permits are reviewed internally and upon issuance, contain conditions placed on the work activities being performed, including but not limited to: i) notifying adjacent property owners and maintaining or providing alternative access during the work; ii) assuming liability and holding the city harmless for any work that may damage both public and private property; iii) warranting work for a minimum of one to two years subsequent to the city's inspection and acceptance of the work activities performed; iv) providing adequate insurance and financial security; as well as v) performing work activities in accordance with certain standards and specifications.
The comprehensive update being proposed will not only codify each of the permit conditions but will establish permit procedures, fix and collect fees and charges, establish a means to regulate and enforce use of public rights-of-way, and implement Section 118 of the City Charter by permitting temporary use of city property.
Specifically, the following outlines the substantive updates being proposed to Section 8, of the Littleton Municipal Code:
1. Create a section compiling relevant definitions.
2. Restate the requirement for a ROW permit prior to work activities beginning in the public ROW.
3. Outline a clear application process for issuance and approval of ROW permits, including annual utility maintenance permits (blanket permits).
4. Restate requirements for insurance, indemnification, and financial security.
5. Clearly state warranty requirements and contractor obligations should work activities require repair, restoration, or replacement of public and private improvements.
6. Restate standards for work activities, including engineering regulations, construction specifications, and design standards.
7. Restate requirements for safety of the public and minimizing work impacts, including work hours, protection of both public and private property, and traffic control.
8. Include contractor obligations when improvements require relocation or removal of private infrastructure due to public safety or health concerns; change in street grades; relocation or vacation of streets; installation, removal, or repair of utilities or other public apparatuses.
9. Clearly state enforcement actions and penalties.
In addition to the comprehensive updates to the ROW regulations, staff will also be bringing forth necessary updates to Sections 8-1-4 through Section 8-1-6. Revisions are summarized as follows:
Section 8-1-4 - Public Ways Kept Clear - Proposed code amendment to update subsection (B) to make reference to Section 1-4-1 of the Littleton Municipal Code on general penalties, rather than a separate fine amount.
Section 8-1-5 - Prohibitions and Restrictions - Proposed code amendments to broaden the
prohibition on structures within the public right-of-way by combining the existing section on
temporary outdoor displays (Section 8-1-5(E)) with Subsection (B) on encroachments.
Proposed code amendments to move forestry obstructions, as outlined within Section 8-1-6, into Title 8, Chapter 4 on Trees.
Prior Actions or Discussions
The City Attorney's Office and Public Works staff held a study session on this topic on August 27, 2024.
This ordinance passed on first reading on November 19, 2024.
FISCAL IMPACTS:
N/A
STAFF RECOMMENDATION:
Staff recommends council approval of the ordinance on second reading.
ALTERNATIVES:
N/A
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 28-2024 ordinance on second reading repealing and reenacting Title 8, Chapter 1 Streets and Sidewalks, General Regulations.