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Home My WebLink About20183783.tiffCheryl Hoffman From: Sent: To: Subject: That will work. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Bruce Barker Friday, February 01, 2019 2:47 PM Cheryl Hoffman; Amy Mutchie; Dawn Anderson; Esther Gesick; Tiffane Johnso RE: Updated ROW Permit application Go�E�TE� Okla 4- 4 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman Sent: Friday, February 01, 2019 2:20 PM To: Amy Mutchie <amutchie@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Tiffane Johnson <tvjohnson@weldgov.com> Subject: FW: Updated ROW Permit application Unfortunately this application and ordinance have already been recorded, so the Tyler version of the application will remain the same; however, when we send this to Municode for changes to the Code on the web, we will have them use the new page #1. Thank you! Cheryl Hoffman Deputy Clerk to the Board Weld County Clerk to the Board Office 1150 O Street Greeley, CO 80631 970.400.4227 °toil -3715 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Friday, February 01, 2019 2:12 PM To: Cheryl Hoffman <choffman@weldgov.com> Subject: FW: Updated ROW Permit application Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Amy Mutchie Sent: Friday, February 1, 2019 11:35 AM To: Esther Gesick <egesick@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Tiffane Johnson <tv'ohnson@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Subject: Updated ROW Permit application Hi Esther/ Bruce asked me to send a copy of the Right of Way Use application to you. We found clerical errors on the 1st page and have corrected them. Thank you, Amy £1 tcfile Permitting/ Inspection Coordinator Weld County Public Works (970) 400-3764 amutchie@weldgov.com Office hours: M -F 7:00 am - 3:30 pm 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Weld County Department of Public Works 1111 H Street, PO Box 758 Greeley, Co 80632 Phone: 970-304-6496 Send applications to: ROWPermits@weldgovacorn RIGHT-OF-WAY USE APPLICATION Permit Use type: Utility Oil and Gas Private Remediation Annual Line Abandonment or Retire Certificate of Public Convenience and Necessity (CCPCN): Applicant (Permittee): Primary Contractor: Business Name: Business Name: Contact Name: Contact Name: Address: PO Box: Address: PO Box: City: State: Zip: City: State: Zip: Contact Phone: (office) Contact Phone: (office) (cell) (cell) E-mail: E-mail: Agent: Secondary Contractor: Business Name: Business Name: Contact Name: Contact Name: Contact Phone: (office) Contact Phone: (office) (cell) (cell) E-mail: E-mail: Traffic Control Contractor: Reclamation Contractor: Business Name: Business Name: Contact Name: Contact Name: Contact Phone: (office) Contact Phone: (office) (cell) (cell) E-mail: E-mail: Inspector: Business Name: Contact Name: Contact Phone: (cell) Email: Page 1 of 12 Project Name: Location: CR Between CR and CR ROW Type: Maintained Non -Maintained *If Non -Maintained verify ROW width and documents creating ROW: ROW Width Recording Information Road Classification: Local Collector Arterial Project Classification: Residential Commercial Municipal Parcel Number: Parcel Number (Opposite side for crossings): Legal (Section/Township/Range): Legal (Opposite side for crossing): Service Address: Subdivision: Does Project disturbance exceed 1 Acre: Yes No Provide If applicable: Grading Permit #: CDPHE Permit #: Planning Case # Other Permits: Impacted Surface (check all that apply): Asphalt Concrete Gravel Treated Gravel Outside of Roadway Unmaintained Native Other Type of Use (check all that apply): Communications Electric Potable Water Non -Potable Water Sanitary Sewer Natural Gas -Utility Natural Gas Pipeline Crude Oil Pipeline Produced Water Pipeline Fresh Water Transfer Irrigation Storm Water Other Provide Detailed Description Of Project: Page 2 of 12 Construction Detail (check or complete all that apply): Line type: Appurtenance Cable Casing/Sleeve Conduit Fiber optic Pipeline Powerline Composition of Line: Asbestos Concrete (AC) Aluminum Carbon Steel Conductor Copper PVC Steel Flex Steel Ductile Iron Polyethylene (PE) HDPE Lay flat CMP RCP Other Line Size: Inside diameter: Outside Diameter: Appurtenance type: Cabinet Manhole Meter Hand hole Valve Utility pole Pedestal Monitor well Vault Other (Describe) Appurtenance Dimensions: Length Width Height Classification of Work: Temporary New Service Maintenance Occupation Relocation Disconnect Surveying Overhead Underground Potholing Culvert install Tree Trimming Road improvements Road maintenance Traffic control Retire or Abandon line Other Construction Methods: Directional Bore Open cut Excavation Trenching Plow or Cable puller Core Drilling Paving Gravel placement Topsoil replacement Debris removal Snow removal Reseeding Open cut/excavation/trench details: Length Width Restoration Methods: Asphalt (HMA) Flowable fill Compaction testing Non -shrink Grout Structural fill Road base Surface Gravel Fugitive dust product Native material Reseeding Mulching Erosion Control Future location markers Requested Start date: Projected Completion date: Weekend Hours Requested: Yes No Any Additional Information As required By Staff: Permittee Signature: Printed name: Date: Page 3 of 12 Right of Way Permit Fee Schedule Administrative fees 1) Application and Review -Standard 2) Application and Review- Annual 3) Permit revision 4) Permit extension 5) Inspection outside normal hours Construction fees 1) Bore Crossing w/ both pits outside ROW a) Line outside diameter < 12" b) Line outside diameter 12" to 20" c) Line outside diameter > 20" 2) Bore Crossing w/ one (1) or both pits within ROW a) b) c) Line outside diameter < 12" Line outside diameter 12" to 20" Line outside diameter > 20" 3) Bore parallel in ROW outside of Roadway a) b) c) Line outside diameter < 12" Line outside diameter 12" to 20" Line outside diameter > 20" 4) Open cut Asphalt or Chipseal < 5 years old 5) Open cut Asphalt or Chipseal >5 years old 6) Open cut Treated Gravel Surface 7) Open cut Gravel Surface 8) Parallel installation Outside roadway a) b) c) Trench width up to 12" Trench width 12" to 20" Trench width > 20" 9) Pothole/Test hole 8" or less a) b) c) d) Asphalt or Chipseal Treated Gravel Surface Gravel Surface Outside roadway 10) Above ground occupation within ROW 11) Appurtenances a) < 3 S b) > 3 S 12) Penalties a) Failure to obtain a Permit b) Safety Violation 13) Abandonment/Retirement of Line in ROW a) =<12" b) >12" $150.00 $300.00 $ 75.00 $150.00 $75.00/Hr (minimum 2 hours) $ 50.00 + $0.30/LF $ 75.00 + $0.30/LF $100.00 + $0.30/LF $ 75.00 + $0.30/LF $100.00 + $0.30/LF $125.00 + $0.30/LF $ 25.00 + $0.30/LF $ 50.00 + $0.30/LF $ 75.00 + $0.30/LF $5.00/ SF Minimum $100.00 $2.50/ SF Minimum $75.00 $2.50/ SF Minimum $50.00 $1.00/SF Minimum $50.00 $0.30/LF $0.60/LF $0.90/LF $50.00/each $50.00/each $25.00/each $10.00/each $0.25/ LF Minimum $50.00 $50.00/each $175.00/each Total of all fees X days delinquent $250.00 $75.00 + $0.50 LF $150.00 + $0.50 LF Page 4 of 12 RIGHT-OF-WAY USE PERMIT The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special districts constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; for lines in non -maintained right-of-way if approved by Weld County based upon locational factors, such as, surrounding population density, topgraphy, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Permit application, pursuant to Weld County Code Section 8-13-110. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee is prohibited from changing the use of the Project in any way without first obtaining a new permit. SUBMITTAL REQUIREMENTS 1. Complete application. Permittee must submit a complete Right -of -Way Use Application and include required submittals for review and consideration of its Project. If the Project is approved, a Right -of -Way Use Permit will be issued to the Permittee. It is the Permittee's responsibility to inform its Contractor of all Permit requirements, Provisions, and attached Special Provisions. 2. Drawing, plan set, and map. A drawing, plan set and map are required to be submitted with the Application. Detailed plan(s), sketch, and/or map(s) showing the work location and roadway, edge of roadway, County ROW lines, at least one crossroad, and a legend. It is preferred, that drawings be 11x17 or capable of being printed out in 11 x 17. All underground installations must include a cross section typical showing depth of line being installed per County requirements based on the lowest point of the County ROW and show the County ROW width. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. 3. Traffic Control Plan. A Traffic Control Plan (TCP) or Method of Handling Traffic (MHT) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) in drawing form; narratives will not be accepted. (a) Flaggers shall be required at any locations where there is encroachment into a travelling lane. (b) Full road closure requests must be prepared by and signed by a Traffic Control Supervisor (TCS). (c) Full road closures exceeding three (3) days shall require approval of the Board of County Commissioners. 4. Insurance. Permittee and/or its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its sub -contractors, members of the public who use the right-of-way associated with the Project, and Weld County, Colorado, from claims for bodily injury, death, or property damage which may arise from the construction of the Project, or caused by the facilities which are constructed as permitted herein. The Board of County Commissioners of Weld County, Colorado, its officers, and employees must be named as an "Additional Named Insureds" in all liability insurance policies secured by the Permittee and/or its Contractor. The following insurance policies and amounts are required. Certificates of insurance evidencing such policies shall be delivered to the Weld County Department of Public Works: (a) Statutory Worker's Compensation. (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 Page 5 of 12 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Bonding and Surety. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Department of Public Works contract prices for the performance of such work. Said collateral shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Department of Public Works. Whether or not covered by a bond, Permittee shall reimburse Weld County for all expenses incurred by it as the result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit in a workmanlike manner. 6. Geotechnical Submittals. The Weld County Department of Public Works reserves the right to request from Permittee geotechnical submittals if deemed necessary. The grant of this Permit is conditioned upon Permittee's and its Conti -actin's compliance with the General Provisions, Construction Provisions, Pipeline Provisions (if applicable), and General Matters set forth below© By accepting this Permit, Permittee and its Contractor agree to comply with the terms and conditions set forth herein. GENERAL PROVISIONS 1. Permit Required. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions listed as item number 12). (b) Contractor must have a copy of this Permit on site during construction of the Project. (c) This Permit requires commencement of construction within three (3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the expiration of three (3) months. All applicable fees must be paid before extension will be issued. 2. Inspection. Inspection of work performed in Weld County right-of-way is required. The Weld County Department of Public Works must be notified 48 hours prior to commencing all work within Weld County right-of-way. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 3. Additional Permits. Permittee shall be responsible for obtaining all other state, federal, or local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Department of Public Works. 4. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. 5. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time. 6. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's right-of-way and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of-way. Weld County must approve location prior to construction. Page 6 of 12 7. Compliance with Utility Notification Requirements. Permittee and/or its Contractor shall comply with all applicable requirements of C.R.S. §§ 9-1.5-101, et seq., and be responsible for locating all existing utilities and registering all new lines with 811. Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging. Markers and flags are valid for 30 days. Permittee must remove all utility locates such as flags and marker pins from the right- of-way once the construction is complete. Any subsurface utility engineering notification sent to the Colorado Notification Association shall also be sent to the Weld County Department of Public Works. 8. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines, or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 9. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right -of -Way Use Permit and make the required repairs as soon as practicable after the Weld County Department of Public Works is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 10. Changes Made to the Right-of-way - Permittee's Financial Responsibility. In the event changes are made by Weld County to the right-of-way or appurtenances within the right-of-way that would necessitate removal or relocation of the Project, Permittee shall do so promptly at its own expense upon the request of Weld County. 11, Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project constructed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County funds. 12. Permittee Solely Responsible. Permittee or its successors and assigns, remains solely responsible for all matters pertaining to the Project and all costs associated with or pertaining to the Project. These responsibilities include, but are not limited to, the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon retirement of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's right-of-way. 13 . Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns. CONSTRUCTION PROVISIONS 1. Road Crossings. All underground installations crossing maintained or non -maintained Weld County roadways and right of ways shall be by directional bore unless otherwise approved by Weld County Public Works. 2. Parallel Installations. Parallel installations within the untraveled portion of Weld County right-of-way may be performed by bore, trenching, plowing, drilling or excavation. 3. Bridge Structures. (a) No lines shall be attached or otherwise placed along or upon any Bridge structure or wing walls. (b) No continuous line shall be installed crossing under a bridge structure. (c) Underground projects installed parallel to a bridge structure must maintain a minimum clearance of five feet (5') from all wing walls and pilings. 4. Minimum Cover for County right of way installations. All depth requirements are minimums and are subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right- of-way. In no event shall any facilities be installed in Weld County right-of-way at depth less than four feet (4') from top of line measured from the lowest point of the right-of-way. Page 7 of 12 (a) Dry utilities shall be installed at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline). (b) Wet utilities shall be installed at a minimum depth of six feet (6') from top of line measured from the lowest point of the right-of-way (flowline). (c) All types of oil and gas lines shall be installed at a minimum depth of ten feet (10') from top of line measured from the lowest point of the right-of-way (flowline). Concrete surfaces shall be crossed at a minimum depth of fifteen feet (15') from top of line measured from the lowest point of the right-of-way (flowline). (d) All line types crossing Non -maintained right-of-way shall be at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline). (e) Culverts must have a minimum of twelve inches (12") of cover. 5. Daily Construction Requirements. At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements: (a) Working hours allowed under this Permit are from Sunrise to % hour prior to Sunset. (b) All materials shall be removed a minimum of ten feet (10') from outside edge of the road shoulder. (c) All excavations upon the traveled portions of the right-of-way shall be back -filled in accordance with the compaction requirements set forth below unless otherwise approved by Weld County. (d) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities. 6. Equipment Movement and Equipment Crossings. (a) Movement of cleated or track equipment is restricted to the immediate work area. Equipment shall be transported to a proper unloading area. No cleated or track equipment may work on or move over any road way surface without mats. (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti -tracking material to prevent damage to the road surfaces and shoulder areas. Crushed concrete is prohibited for use as a surface material. A minimum of a twelve -inch (12") culvert shall be placed in ditch areas under tracking pad to maintain proper drainage. Existing ditch and upstream and downstream culverts must be observed in determining appropriate drainage culvert size. 7. Site Markers. Permittee shall mark the site of the construction of the Project, whether permanent or temporary, with markers acceptable to Weld County Department of Public Works. Markers shall be placed as far from edge of road as to not interfere with normal road maintenance. 8. Future Line Location. The installation of non-ferrous lines in the right-of-way shall require a suitable means to facilitate future line location such as, but not limited to, metallic warning tape installed above the line and registration with 811. 9. Concrete Surfaces. There is a strict no cut policy on all concrete surfaces, which includes potholing. Any damage or cutting of concrete surfaces will result in the Permittee being responsible for the cost of a full replacement of concrete panel(s) by a Contractor approved by Weld County. Bore grout may be required for concrete surfaces. 10. Asphalt Surfaces. Asphalt surfaces are not to be cut unless approved by the Weld County Department of Public Works. If an asphalt surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Section 11. Compaction Requirements, below) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one (+1). 11. Compaction Requirements. (a) All compaction of backfills and road surfaces shall be compacted in accordance with the most current versions of the Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and Field Materials Manual. (b) All backfills located within an existing asphalt surface or under the asphalt not currently in place but will be as part of a new road construction, must be compacted using flow -fill cement in the upper three feet (3') of backfill. (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the right-of-way and replaced with compactable materials. the right-of-way shall then be returned to the original grades and cross sections. Weld County Department of Public Works shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement. Page 8 of 12 (d) On gravel roads where excavation materials are stacked on the road surface, road base of 3 -inch surface gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for surface gravel shall be spread over the entire road surface at a minimum depth of six inches (6") upon completion of the work. Shoulders on paved roads or barrow ditches where excavation is done shall require a minimum of four inches (4") of 3 -inch Class 6 road base material. These amounts are minimums and do not supersede any requirements within the Permit. (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed. Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the right-of-way. Eighty-five percent (85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the right-of-way. Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches (6") of surface gravel after all of the Project has been placed and compaction test results are in compliance. (f) Potholes in gravel surfaces shall be filled completely with road base and compacted. Potholes in asphalt or shall be filled with a cement/grout to existing thickness plus 1 (+1) or filled with a compactable base material and the final placement a HMA or concrete material of existing thickness plus one (+1). 12. Reseeding. Permittee shall reseed, with a seed mix approved by Weld County Department of Public Works, all areas within the right-of-way in which vegetation was removed or disturbed during the installation of its Project. 13. Points of Access. Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the right-of-way. Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County. 14. Survey Monuments. Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site. If such monuments or bench marks are destroyed, Permittee shall hire a registered land surveyor to replace destroyed monuments or bench marks. If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a registered land surveyor to complete such preservation. 15. Permittee's Obligations Regarding Surveys. (a) All surveying performed within the boundaries of the right-of-way shall be conducted with proper safety equipment and advanced warning signs; (b) Surveying permit holders can be issued an annual permit. (c) Any excavation within the boundaries of the right-of-way will be backfilled with the same material or better than what was excavated. (d) Weld County Department of Public Works offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road. Permittee shall furnish the location of the section corners being preserved to the Department of Public Works when obtaining monument boxes. 16. Permittee's Obligations Regarding the Completion of Project. (a) Permittee shall place surface gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas, remedial work required, and timing of said work. (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities, trench compaction, and replacement of gravel shall be kept within one (1) mile of new excavation. (c) All disturbed portions of the right-of-way or damaged road surfaces are to be returned to their original condition prior to demobilizing. if the right-of-way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done. (d) Permittee shall own, maintain, operate and repair any line installed or constructed herein in accordance with the regulations, conditions and terms of this permit. No lines installed within County rights -of -way may be abandoned by the owner at any time. Although the lines may be retired, they may not be abandoned and all responsibility for such lines remains with the owner. The County does not recognize, nor accept, any lines designated by any other source as abandoned, and the County will continue to expect such lines to be maintained or removed by the Permittee. Page 9 of 12 17. Line Retirement. Retirement of lines in Weld County right-of-way are still required to be located as part of 811. If Weld County approves a line to be retired, the retirement of an existing line in the right-of-way shall be subject to conditions as determined by the Weld County Department of Public Works based on the age, condition, material type, and size. Permittee shall cut, cap, and fill Project(s) that are not required to be removed. 18. Line Abandonment. If Permittee desires to abandon a line from being located as part of 811 notification, Permittee shall completely remove the line from Weld County right-of-way, unless otherwise approved by Weld County. 19. Drainage Interference. Permittee shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, Permittee is responsible for the proper disposition of the runoff. PIPELINE PROVISIONS 1. Natural Gas/Crude Oil Pipelines. (a) Road crossings for natural gas/crude oil pipelines must be by directional bore, only. (b) Above -ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements. 2. Permanent Fresh Water (Non -Potable) Pipelines. (a) Road crossings for permanent fresh water (non -potable) pipelines must be by directional bore, only. (b) Permanent fresh water (non -potable) pipelines must extend past future right-of-way prior to daylighting (c) Above ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements. (d) Weld County approval is required for any change of use or retirement of a permanent fresh water (non -potable) pipeline. 3. Temporary Fresh Water Above -Ground Transfer Pipelines. (a) Fresh water above -ground transfer pipelines are allowed as a temporary use for a period of 6 months or less for both road crossings and parallel installations. See the limitations and restrictions set forth below depending upon crossing methods. (b) Fresh water above -ground transfer pipelines may transfer fresh or recycled water, only. (c) The source of water must be disclosed on the Right -of -Way Use Application. (d) The use of unmaintained Weld County right-of-way for temporary fresh water above -ground transfer pipelines shall be negotiated with the landowner(s). (e) Existing driveway culverts may not be used for water transfers. (f) All pipelines or lay flat pipes occupying the right-of-way (running parallel to the roadway) must be secured up out of the ditch flowlines and away from the road edges. They may not interfere with normal road maintenance. Crossing methods for temporary fresh water above -ground transfer pipelines: 1) Plate/Manifold: a. Applicable for untreated gravel roadways for a transfer duration of 10 days or less. b. Must be covered with Class 6 road base with a minimum of 15 -foot road base tapers on each side. All forms of traffic must be able to safely cross the plate/manifold. c. Traffic control signs required including a speed reduction to 15 mph for the duration of the transfer. d. Permittee is required to maintain the crossing which includes 24 -hour snow removal in winter. 2) Culvert Sleeve: a. Applicable for longer term transfers crossing untreated gravel roadways only. b. Maximum culvert size is 15" outside diameter unless approved by the Weld County Department of Public Works. c. Minimum of 18" of Class 6 road base cover on culvert. d. Compaction tests of road base is required after culvert is removed if flowable fill is not used for final restoration of the roadway. Page 10 of 12 3) Existing Culverts: a. Requests for use of existing County culverts (any culvert crossing under a County maintained roadway or intersection) are subject to special review. Use is for a maximum of 15 days. b. Existing culverts are not available for use from March through October. c. Driveway/access culverts are not available for use. d. If the culvert also serves for irrigation, written permission from the Irrigation or Ditch Company may be required. e. Culvert must be cleared anytime drainage is impeded due to run-off or flooding. 4) HDPE or PVC Pipe: a. Applicable for longer term transfers where a paved, hard surface, or treated gravel roadway must be crossed. b. Pipeline ends must extend past future right-of-way before daylighting. c. Weld County approval is required for any change of use or retirement of the pipeline. 4. Produced Raw Water Pipelines. (a) No temporary above -ground transfers. (b) Pipelines will only be considered for approval that are transferring to a County approved injection or recycling facility. (c) Casing is required for crossing under County roadways. (d) Casing type may be determined by the Permittee or its Contractor. (e) Casing maximum outside diameter is not to exceed 12". (f) Casing ends must extend outside of the County right-of-way. (g) If Flex Steel Pipe is used, casing requirement will be waived. (h) Maximum size of the produced water pipeline is not to exceed 8" and not to exceed 10" OD. (i) Requests for larger diameter pipelines will require special review by the Weld County Department of Public Works. (j) Location markers shall be green in color and must list "produced water" and an emergency contact number. GENERAL MATTERS 1. Terms. (a) All references herein to "Right -of -Way" refer to a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a paved or gravel roadway or highway whether maintained or not - maintained by Weld County. The term is used as both singular and plural. (b) All references herein to "Permittee" are to any persons and/or entities applying for and being issued this Right -of -Way Use Permit granting permission to construct their Project within Weld County's right-of-way. (c) All references here to "Lines" means all underground and overhead cable, telephone, electric, power, wire, gas and irrigation lines, and/or appurtenances, structures or pipelines. (d) All references herein to "Contractor" are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way. (e) All references herein to "Permit" refer to this Right -of -Way Use Permit, including all Permit requirements, Provisions, and attached Special Provisions. 2. Weld County's Limited Interest in Right -of -Way. Weld County owns a limited interest in the right -of- way and therefore, does not, by the issuance of this Permit, warrant its ownership of the right-of-way. Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right- of-way. Therefore, Permittee shall obtain from the fee title owner(s) of the right-of-way or others having proprietary interests in the right-of-way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the right- of-way. Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permittee's securing such authority or rights. 3. Rights Reserved by Weld County. Permittee acknowledges and agrees that the Right -of -Way which are the subject of this Permit exist as public right-of-way for the primary benefit of the travelling public, and that the rights granted in this Permit to the Permittee are subject to Weld County's rights and obligations to preserve and maintain the right-of-way and the public's right to continue to travel safely upon the right-of-way. (a) Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right -of -Way for existing and future construction, operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities. Page 11 of 12 (b) Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit. Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County. (c) This Permit is non-exclusive. Weld County reserves the right to allow other public and private utilities and entities to utilize the subject right-of-way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the right-of-way. (d) Weld County reserves the right to reconstruct, widen and/or maintain the right-of-way which are the subject Permit. In the event this work requires Permittee to incur expenses to preserve, re -locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost. 4. Indemnification. Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project. Hold Harmless, Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause. Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third -party. 6. No Assignment. Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County, which consent shall not be unreasonably withheld. However, in the event Permittee contracts with a third -party Contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit. 7. Entire Permit Agreement. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Permit embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. Effect of Invalidity of Provision. If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law. 9. No Waiver of Immunity. No term or condition of this Permit shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq., as applicable now or hereafter amended. 10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit, and all rights of action relating to such enforcement, shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns. SPECIAL PROVISIONS This Permit may be subject to additional Special Provisions. Such Special Provisions are attached hereto. Page 12 of 12 Cheryl Hoffman From: Sent: To: Subject: Attachments: Frank Haug Thursday, January 17, 2019 3:57 PM Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Amy Mutchie; Tiffane Johnson; Bruce Barker FW: ROW Code Changes permit application comparison.docx; Ord18-10.3rd(as approved by the BOCC on 12-19-18 at 2nd reading) with corrections by BTB 1-3-19.docx Cheryl, see the attached documents for third reading and let me know if you have any questions, thanks. 1 0•1a/8- eig/c3 Permit Use type: Utility Weld County Department of Public Works 1111 H Street, PO Box 758 Greeley, CO 80632 Phone: 970-304-6496 Send applications to: ROWPermits@weldgov.com RIGHT-OF-WAY USE APPLICATION Oil and Gas Private Remediation Annual Line Abandonment or Retire Certificate of Public Convenience and Necessity (CCPCN): Applicant (Permittee): Agent: Business nameName: Contact nameName: Business name: Name: Contact name: Name: Address: PO Box: Contact phone: (Phone: (office) City: State: Zip: ( (cell) Phone: E-mail: Primary Contractor: Secondary Contractor: Business nameName: Contact nameName: E-mail: Business name: Name: Contact name: Name: Address: PO Box: Contact phone: (Phone: (office) City: State: Zip: cell) Contact Phone: fotfice) Email: E-mail: (cell) Page 1 of 15 E mail: Traffic Control Contractor: Reclamation Contractor: Business nameName: Business nameName: Contact nameName: Contact nameName: Contact Phone: ( loffice) Contact Phone: ( (office) ( (cell) 4 (cell) E-mail: E-mail: Inspector: Business name Name: Contact name. Contact Phone: (office) E mail: (cell) Project name: Email: Name: Page 2 of 15 Project Name: Location: CR between CR Between CR and ROW Type: Maintained Non -Maintained *If Non -Maintained verify ROW width and documents creating ROW: ROW Width Recording Information Road Classification: Local ROW Type: Maintained Non Maintained Collector Arterial Project Classification: Residential - Commercial Municipal Parcel number: Number: side for crossings): - Legal (Section/Township/Range): Parcel number (oppositeNumber (Opposite N W Legal (Opposite side for crossing): Service Address: Subdivision: Does Project disturbance exceed 1 Acre: Yes No Provide ilif applicable: Grading Permit #: CDPHE Permit #: Planning Case#= # Other Permits: Impacted su-r#aceSurface (check all that apply): Asphalt Concrete Gravel ® Treated Gravel Outside of Roadway Unmaintained Native Other Type of Use (check all that apply): Communications Electric Potable Water Non -Potable Water Sanitary Sewer Natural Gas -Utility Natural Gas Pipeline _ Crude Oil Pipeline - Produced Water Pipeline Fresh Water Transfer Irrigation Storm Water Page 3 of 15 Other Provide detailed description ofDetailed Description Of Project: Page 4 of 15 Construction •DetailsDetail (check or complete all that apply): Line type: Appurtenance Cable Casing/Sleeve Conduit Fiber optic Pipeline Powerline Composition of Line: Asbestos Concrete (AC) Aluminum Carbon Steel Conductor Copper PVC Steel Flex Steel Ductile Iron Polyethylene (PE) HDPE Lay flat CMP RCP Other Line Size: Inside diameter: Outside Diameter: Appurtenance type: Cabinet Manhole Meter Hand hole Valve Utility pole Pedestal Monitor well Vault Other Other (Describe) Appurtenance Dimensions: Length Width Height Classification of Work: Temporary New Service Maintenance Occupation Relocation Disconnect Surveying Overhead Underground Potholing Culvert install Tree Trimming Road improvements Road maintenance Traffic control Retire or Abandon line Other Construction Methods: Directional Bore Open cut Excavation Trenching Plow or Cable puller Core Drilling Paving Gravel placement Topsoil replacement Debris removal Snow removal Reseeding Open cut/excavation/trench details: Length Width Restoration Methods: Asphalt (HMA) Flowable fill Compaction testing Non -shrink Grout Structural fill Road base Surface Gravel Fugitive dust product Native material Reseeding Mulching Erosion Control Future location markers Requested Start date: Projected Completion date: Weekend hours requestedHours Requested: Yes No Page 5 of 15 Any Additional Information As required By Staff: Permittee Signature: Printed name: Date: Page 6 of 15 Right of Way Permit Fee Schedule Administrative fees 1) Application and Review -Standard 2) Application and Review- Annual 3) Permit revision 4) Permit extension 5) Inspection outside normal hours Construction fees 1) Bore Crossing w/ both pits outside ROW a) Line outside diameter < 12" b) Line outside diameter 12" to 20" c) Line outside diameter > 20" 2) Bore Crossing w/ one (1) or both pits within ROW a) Line outside diameter < 12" b) Line outside diameter 12" to 20" c) Line outside diameter > 20" 3) Bore parallel in ROW outside of Roadway a) Line outside diameter < 12" b) Line outside diameter 12" to 20" c) Line outside diameter > 20" 4) Open cut Asphalt or Chipseal < 5 years old 5) Open cut Asphalt or Chipseal >5 years old 6) Open cut Treated Gravel Surface 7) Open cut Gravel Surface 8) Parallel installation Outside roadway a) Trench width up to 12" b) Trench width 12" to 20" c) Trench width > 20" 9) Pothole/Test hole 8" or less a) Asphalt or Chipseal b) Treated Gravel Surface c) Gravel Surface d) Outside roadway $150 00 $300 00 $ 75 00 $150 00 $75 00/Hr (minimum 2 hours) $ 50 00 + $0 30/LF $ 75 00 + $0 30/LF $100 00 + $0 30/LF $ 75 00 + $0 30/LF $100 00 + $0 30/LF $125 00 + $0 30/LF $ 25 00 + $0 30/LF $ 50 00 + $0 30/LF $ 75 00 + $0 30/LF $5 00/ SF Minimum $100 00 $2 50/ SF Minimum $75 00 $2 50/ SF Minimum $50 00 $1 00/SF Minimum $50 00 $0 30/LF $0 60/LF $0 90/LF $50 00/each $50 00/each $25 00/each $10 00/each 10) Above ground occupation within ROW $0 25/ LF Minimum $50 00 11) Appurtenances a) < 3 S b) > 3 S 12) Penalties a) Failure to obtain a Permit b) Safety Violation 13) Abandonment/Retirement of Line in ROW a) =<12" b) >12" $50 00/each $175 00/each Total of all fees X days delinquent $250 00 $75 00 + $0 50 LF $150 00 + $0 50 LF Page 7 of 15 RIGHT-OF-WAY USE PERMIT The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special districts constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; for lines in non -maintained right-of-way if approved by Weld County based upon locational factors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authorized by the Board of County Commissioners rein an appeal of the denial of a Right -of -Way Permit application, pursuant to Weld County Code Section 8-13-110. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained gravel and paved roads, and all public drainage easements. A Right - of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee is prohibited from changing the use of the Project in any way without first obtaining a new permit. SUBMITTAL REQUIREMENTS 1. Complete application. Permittee must submit a complete Right -of -Way Use Application and include required submittals for review and consideration of its Project. If the Project is approved, a Right -of -Way Use Permit will be issued to the Permittee. It is the Permittee's responsibility to inform its Contractor of all Permit requirements, Provisions, and attached Special Provisions. 2. Drawing, plan set, and map. A drawing, plan set and map are required to be submitted with the Application. Detailed plan(s), sketch, and/or map(s) showing the work location and roadway, edge of roadway, County ROW lines, at least one crossroad, and a legend. It is preferred, that drawings be 11x17 or capable of being printed out in 11 x 17. All underground installations must include a cross section typical showing depth of line being installed per County requirements based on the lowest point of the County ROW and show the County ROW width. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. 3. Traffic Control Plan. A Traffic Control Plan (TCP) or Method of Handling Traffic (MHT) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) in drawing form; narratives will not be accepted. (a) Flaggers shall be required at any locations where there is encroachment into a travelling lane. (b) Full road closure requests must be prepared by and signed by a Traffic Control Supervisor (TCS). (c) Full road closures exceeding three (3) days shall require approval of the Board of County Commissioners. 4. Insurance. Permittee and/or its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its sub -contractors, members of the public who use the right-of-way associated with the Project, and Weld County, Colorado, from claims for bodily injury, death, or property damage which may arise from the construction of the Project, or caused by the facilities which are constructed as permitted herein. The Board of County Commissioners of Weld County, Colorado, its officers, and employees must be named as an "Additional Named Insureds" in all liability insurance policies secured by the Permittee and/or its Contractor. The following insurance policies and amounts are required. Certificates of insurance evidencing such policies shall be delivered to the Weld County Department of Public Works: (a) Statutory Worker's Compensation. (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 Page 8 of 15 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Bonding and Surety. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Department of Public Works contract prices for the performance of such work. Said collateral shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Department of Public Works. Whether or not covered by a bond, Permittee shall reimburse Weld County for all expenses incurred by it as the result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit in a workmanlike manner. 6. Geotechnical Submittals. The Weld County Department of Public Works reserves the right to request from Permittee geotechnical submittals if deemed necessary. The grant of this Permit is conditioned upon Permittee's and its Contractor's compliance with the General Provisions, Construction Provisions, Pipeline Provisions (if applicable), and General Matters set forth below. By accepting this Permit, Permittee and its Contractor agree to comply with the terms and conditions set forth herein. GENERAL PROVISIONS 1. Permit Required. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions listed as item number 12). (b) Contractor must have a copy of this Permit on site during construction of the Project. (c) This Permit requirescommencement of construction within three (3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the expiration of three (3) months. All applicable fees must be paid before extension will be issued. 2. Inspection. Inspection of work performed in Weld County right-of-way is required. The Weld County Department of Public Works must be notified 48 hours prior to commencing all work within Weld County right-of-way. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 3. Additional Permits. Permittee shall be responsible for obtaining all other state, federal, or local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Department of Public Works. 4. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. 5. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time. 6. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's right-of-way and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of-way. Weld County must approve location Page 9 of 15 prior to construction. 7. Compliance with Utility Notification Requirements. Permittee and/or its Contractor shall comply with all applicable requirements of C.R.S. §§ 9-1.5-101, et seq., and be responsible for locating all existing utilities and registering all new lines with 811. Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging. Markers and flags are valid for 30 days. Permittee must remove all utility locates such as flags and marker pins from the right- of-way once the construction is complete. Any subsurface utility engineering notification sent to the Colorado Notification Association shall also be sent to the Weld County Department of Public Works. 8. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines, or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 9. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right -of -Way Use Permit and make the required repairs as soon as practicable after the Weld County Department of Public Works is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 10. Changes Made to the Right-of-way - Permittee's Financial Responsibility. In the event changes are made by Weld County to the right-of-way or appurtenances within the right-of-way that would necessitate removal or relocation of the Project, Permittee shall do so promptly at its own expense upon the request of Weld County. 11. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project constructed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County funds. 12. Permittee Solely Responsible. Permittee or its successors and assigns, remains solely responsible for all matters pertaining to the Project and all costs associated with or pertaining to the Project. These responsibilities include, but are not limited to, the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon retirement of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's right-of-way. 13 . Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns. CONSTRUCTION PROVISIONS 1. Road Crossings. All underground installations crossing maintained or non -maintained Weld County roadways and right of ways shall be by directional bore unless otherwise approved by Weld County Public Works. 2. Parallel Installations. Parallel installations within the untraveled portion of Weld County right-of-way may be performed by bore, trenching, plowing, drilling or excavation. 3. Bridge Structures. (a) No lines shall be attached or otherwise placed along or upon any Bridge structure or wing walls. (b) No continuous line shall be installed crossing under a bridge structure. (c) Underground projects installed parallel to a bridge structure must maintain a minimum clearance of five feet (5') from all wing walls and pilings. 4. Minimum Cover for County right of way installations. All depth requirements are minimums and are subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right - Page 10 of 15 of -way In no event shall any facilities be installed in Weld County right-of-way at depth less than four feet (4') from top of line measured from the lowest point of the right-of-way (a) Dry utilities shall be installed at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline) (b) Wet utilities shall be installed at a minimum depth of six feet (6') from top of line measured from the lowest point of the right-of-way (flowline) (c) All types of oil and gas lines shall be installed at a minimum depth of ten feet (10') from top of line measured from the lowest point of the right-of-way (flowline) Concrete surfaces shall be crossed at a minimum depth of fifteen feet (15') from top of line measured from the lowest point of the right-of-way (flowline) (d) All line types crossing Non -maintained right-of-way shall be at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline) (e) Culverts must have a minimum of twelve inches (12") of cover 5 Daily Construction Requirements At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements (a) Working hours allowed under this Permit are from Sunrise to''/: hour prior to Sunset (b) All materials shall be removed a minimum of ten feet (10') from outside edge of the road shoulder (c) All excavations upon the traveled portions of the right-of-way shall be back -filled in accordance with the compaction requirements set forth below unless otherwise approved by Weld County (d) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities 6 Equipment Movement and Equipment Crossings (a) Movement of cleated or track equipment is restricted to the immediate work area Equipment shall be transported to a proper unloading area No cleated or track equipment may work on or move over any road way surface without mats (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti -tracking material to prevent damage to the road surfaces and shoulder areas Crushed concrete is prohibited for use as a surface material A minimum of a twelve -inch (12") culvert shall be placed in ditch areas under tracking pad to maintain proper drainage Existing ditch and upstream and downstream culverts must be observed in determining appropriate drainage culvert size 7 Site Markers Permittee shall mark the site of the construction of the Project, whether permanent or temporary, with markers acceptable to Weld County Department of Public Works Markers shall be placed as far from edge of road as to not interfere with normal road maintenance 8 Future Line Location The installation of non-ferrous lines in the right-of-way shall require a suitable means to facilitate future line location such as, but not limited to, metallic warning tape installed above the line and registration with 811 9 Concrete Surfaces There is a strict no cut policy on all concrete surfaces, which includes potholing Any damage or cutting of concrete surfaces will result in the Permittee being responsible for the cost of a full replacement of concrete panel(s) by a Contractor approved by Weld County Bore grout may be required for concrete surfaces 10 Asphalt Surfaces Asphalt surfaces are not to be cut unless approved by the Weld County Department of Public Works If an asphalt surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Section 11 Compaction Requirements, below) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one (+1) 11 Compaction Requirements (a) All compaction of backfills and road surfaces shall be compacted in accordance with the most current versions of the Colorado Department of Transportation (COOT) Standard Specifications for Road and Bridge Construction and Field Materials Manual (b) All backfills located within an existing asphalt surface or under the asphalt not currently in place but will be as part of a new road construction, must be compacted using flow -fill cement in the upper three feet (3') of backfill (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the right-of-way and replaced with compactable materials the right-of-way shall then be returned to the original grades and Page 11 of 15 cross sections Weld County Department of Public Works shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement (d) On gravel roads where excavation materials are stacked on the road surface, road base of 3A -inch surface gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for surface gravel shall be spread over the entire road surface at a minimum depth of six inches (6") upon completion of the work Shoulders on paved roads or barrow ditches where excavation is done shall require a minimum of four inches (4") of 3A -inch Class 6 road base material These amounts are minimums and do not supersede any requirements within the Permit (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the right-of-way Eighty-five percent (85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the right-of-way Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches (6") of surface gravel after all of the Project has been placed and compaction test results are in compliance (f) Potholes in gravel surfaces shall be filled completely with road base and compacted Potholes in asphalt or shall be filled with a cement/grout to existing thickness plus 1 (+1) or filled with a compactable base material and the final placement a HMA or concrete material of existing thickness plus one (+1) 12 Reseeding Permittee shall reseed, with a seed mix approved by Weld County Department of Public Works, all areas within the right-of-way in which vegetation was removed or disturbed during the installation of its Project 13 Points of Access Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the right-of-way Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County 14 Survey Monuments Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site If such monuments or bench marks are destroyed, Permittee shall hire a registered land surveyor to replace destroyed monuments or bench marks If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a registered land surveyor to complete such preservation 15 Permittee's Obligations Regarding Surveys (a) All surveying performed within the boundaries of the right-of-way shall be conducted with proper safety equipment and advanced warning signs, (b) Surveying permit holders can be issued an annual permit (c) Any excavation within the boundaries of the right-of-way will be backfilled with the same material or better than what was excavated (d) Weld County Department of Public Works offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road Permittee shall furnish the location of the section corners being preserved to the Department of Public Works when obtaining monument boxes 16 Permittee's Obligations Regarding the Completion of Project (a) Permittee shall place surface gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material Weld County shall determine the damaged areas, remedial work required, and timing of said work (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities, trench compaction, and replacement of gravel shall be kept within one (1) mile of new excavation (c) All disturbed portions of the right-of-way or damaged road surfaces are to be returned to their original condition prior to demobilizing if the right-of-way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done (d) Permittee shall own, maintain, operate and repair any line installed or constructed herein in accordance with the regulations, conditions and terms of this permit No lines installed within County rights -of -way may be abandoned by the owner at any time Although the lines may be retired, they may not be abandoned and all responsibility for such lines remains with the owner The County does not recognize, nor accept, any lines designated by any other source as abandoned, and the County will continue to expect such lines to be maintained or removed by the Permittee Page 12 of 15 17. Line Retirement. Retirement of lines in Weld County right-of-way are still required to be located as part of 811. If Weld County approves a line to be retired, the retirement of an existing line in the right-of-way shall be subject to conditions as determined by the Weld County Department of Public Works based on the age, condition, material type, and size. Permittee shall cut, cap, and fill Project(s) that are not required to be removed. 18. Line Abandonment. If Permittee desires to abandon a line from being located as part of 811 notification, Permittee shall completely remove the line from Weld County right-of-way, unless otherwise approved by Weld County. 19. Drainage Interference. Permittee shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, Permittee is responsible for the proper disposition of the runoff. PIPELINE PROVISIONS 1. Natural Gas/Crude Oil Pipelines. (b)(a (c) b) installations. Road crossings for natural gas/crude oil pipelines must be by directional bore, only. Above -ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements. 2. Permanent Fresh Water (Non -Potable) Pipelines. (a) Permanent fres-i water (non potab e) pipelines arc a lowee for road crossings, only; no parallel installations. (b)(a) Road crossings for permanent fresh water (non -potable) pipelines must be by directional bore, only. {c}(b) Permanent fresh water (non -potable) pipelines must extend past future right-of-way prior to daylighting {d}(c) Above ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements. (e)'d) Weld County approval is required for any change of use or retirement of a permanent fresh water (non -potable) pipeline. 3. Temporary Fresh Water Above -Ground Transfer Pipelines. (a) Fresh water above -ground transfer pipelines are allowed as a temporary use for a period of 6 months or less for both road crossings and parallel installations. See the limitations and restrictions set forth below depending upon crossing methods. (b) Fresh water above -ground transfer pipelines may transfer fresh or recycled water, only. (c) The source of water must be disclosed on the Right -of -Way Use Application. (d) The use of unmaintained Weld County right-of-way for temporary fresh water above -ground transfer pipelines shall be negotiated with the landowner(s). (e) Existing driveway culverts may not be used for water transfers. (f) All pipelines or lay flat pipes occupying the right-of-way (running parallel to the roadway) must be secured up out of the ditch flowlines and away from the road edges. They may not interfere with normal road maintenance. Crossing methods for temporary fresh water above -ground transfer pipelines: 1) Plate/Manifold: a. Applicable for untreated gravel roadways for a transfer duration of 10 days or less. b. Must be covered with Class 6 road base with a minimum of 15 -foot road base tapers on each side. All forms of traffic must be able to safely cross the plate/manifold. c. Traffic control signs required including a speed reduction to 15 mph for the duration of the transfer. d Permittee is required to maintain the crossing which includes 24 -hour snow removal in winter. 2) Culvert Sleeve: a. Applicable for longer term transfers crossing untreated gravel roadways only. Page 13 of 15 b Maximum culvert size is 15" outside diameter unless approved by the Weld County Department of Public Works c Minimum of 18" of Class 6 road base cover on culvert d Compaction tests of road base is required after culvert is removed if flowable fill is not used for final restoration of the roadway 3) Existing Culverts a Requests for use of existing County culverts (any culvert crossing under a County maintained roadway or intersection) are subject to special review Use is for a maximum of 15 days b Existing culverts are not available for use from March through October c Driveway/access culverts are not available for use d If the culvert also serves for irrigation, written permission from the Irrigation or Ditch Company may be required e Culvert must be cleared anytime drainage is impeded due to run-off or flooding 4) HDPE or PVC Pipe a Applicable for longer term transfers where a paved, hard surface, or treated gravel roadway must be crossed b Pipeline ends must extend past future right-of-way before daylighting c Weld County approval is required for any change of use or retirement of the pipeline 4 Produced Raw Water Pipelines (a) Produced water pipelines may apply for road crossings only No temporary above -ground transfers or parallel installations will be permitted (b) Pipelines will only be considered for approval that are transferring to a County approved injection or recycling facility (c) Casing is required for crossing under County roadways (d) Casing type may be determined by the Permittee or its Contractor (e) Casing maximum outside diameter is not to exceed 12" (f) Casing ends must extend outside of the County right-of-way (g) If Flex Steel Pipe is used, casing requirement will be waived (h) Maximum size of the produced water pipeline is not to exceed 8" and not to exceed 10" OD (I) Requests for larger diameter pipelines will require special review by the Weld County Department of Public Works (j) Location markers shall be green in color and must list "produced water" and an emergency contact number GENERAL MATTERS 1 Terms (a) All references herein to "Right -of -Way" refer to a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a paved or gravel roadway or highway whether maintained or not - maintained by Weld County The term is used as both singular and plural (b) All references herein to "Permittee" are to any persons and/or entities applying for and being issued this Right -of -Way Use Permit granting permission to construct their Project within Weld County's right-of-way (c) All references here to "Lines" means all underground and overhead cable, telephone, electric, power, wire, gas and irrigation lines, and/or appurtenances, structures or pipelines (d) All references herein to "Contractor" are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way (e) All references herein to "Permit" refer to this Right -of -Way Use Permit, including all Permit requirements, Provisions, and attached Special Provisions 2 Weld County's Limited Interest in Right -of -Way Weld County owns a limited interest in the right -of- way and therefore, does not, by the issuance of this Permit, warrant its ownership of the right-of-way Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right- of-way Therefore, Permittee shall obtain from the fee title owner(s) of the right-of-way or others having proprietary interests in the right-of-way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the right- of-way Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permrttee's securing such authority or rights 3 Rights Reserved by Weld County Permittee acknowledges and agrees that the Right -of -Way which are the subject of this Permit exist as public right-of-way for the primary benefit of the travelling public, and that the rights granted in this Permit Page 14 of 15 to the Permittee are subject to Weld County's rights and obligations to preserve and maintain the right-of-way and the public's right to continue to travel safely upon the right-of-way (a) Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right -of -Way for existing and future construction, operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities (b) Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County (c) This Permit is non-exclusive Weld County reserves the right to allow other public and private utilities and entities to utilize the subject right-of-way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the right-of-way (d) Weld County reserves the right to reconstruct, widen and/or maintain the right-of-way which are the subject Permit In the event this work requires Permittee to incur expenses to preserve, re -locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost 4 Indemnification Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project 5 Hold Harmless Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third -party 6 No Assignment Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County, which consent shall not be unreasonably withheld However, in the event Permittee contracts with a third -party Contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit 7 Entire Permit Agreement The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees This Permit embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein 8 Effect of Invalidity of Provision If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law 9 No Waiver of Immunity No term or condition of this Permit shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq , as applicable now or hereafter amended 10 No Third Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit, and all rights of action relating to such enforcement, shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns SPECIAL PROVISIONS This Permit may be subject to additional Special Provisions Such Special Provisions are attached hereto Page 15 of 15 WELD COUNTY CODE ORDINANCE 2018-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO. WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows CHAPTER 12 LICENSES AND PERMITS Delete ARTICLE IV — Right -of -Way Use Permit Policy, in its entirety, and move to Chapter 8 with amendments CHAPTER 8 PUBLIC WORKS Add ARTICLE XIII — Right -of -Way Use Permit Policy Sec. 8-13-10 General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way PAGE 1 2018-* ORD2018-10 Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors;_ such as, surrounding population density, topography, or if the right-of-way provides+ -g access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Permit application, pursuant to Section 8-13-110, below. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. Sec. 8-13-20. Purpose. This Article recognizes the importance of protecting the health, safety and welfare of the traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County's right-of-way. Sec. 8-13-30. Regulation of work in County right-of-way. A. Issuance of Right -of -Way Use Permit. A Right -of -Way Use Permit shall be issued only in compliance with the rules and regulations set forth in this Article. In no event shall construction within the County right-of-way be allowed or permitted if it is detrimental to the public health, welfare and safety. B. Right -of -Way Use Permit Necessary. A Right -of -Way Use Permit is required for occupying, constructing or excavating facilities within, and for encroaching upon, any County right-of-way. C. No Work Without Right -of -Way Use Permit. No person or entity may occupy, construct or excavate within any County right-of-way or easement, or encroach upon any County rights -of -way or easement, without first having obtained a Right -of -Way Use Permit from the Department of Public Works. In addition, no person or entity may excavate, construct or occupy the County right-of-way beyond the date or dates specified in the permit unless: (1) the person or entity requests a written extension before the expiration of the initial permit, and (2) a new permit or extension is granted. Sec. 8-13-40. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: PAGE 2 2018-* ORD2018-10 Contractor means any party performing the installation and construction for a Permittee who obtains a permit pursuant to this Article A Contractor may be a Permittee under this definition Lines means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures' or pipelines Permittee means the owner, operator, person and/or entity constructing, excavating or occupying the County right-of-way who has obtained a permit pursuant to this Article Right -of -Way means a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a roadway or highway whether maintained or not -maintained by Weld County Theterm is used as both singular and plural Sec 8-13-50 Right -of -Way Use Permit application Complete Application Required Applicants shall file a complete application for a Right -of - Way Use Permit Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal An application which is determined to be incomplete may or may not retain its same processing cycle The Right -of -Way Use Permit and Application are found in Appendix 8-P, the terms and conditions of which are incorporated into this Article Sec 8-13-60 Application review, Right -of -Way Use Permit issuance, permit expiration and permit extension A Review Process The application and other data filed by an applicant for a Right -of -Way Use Permit shall be reviewed by the Department of Public Works The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws If the Department of Public Works finds that the work described in an application for a Right -of - Way Use Permit conforms to the requirements and regulations set forth in this Article, meets the requirements defined in the Department of Public Works Design Standards and Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Right -of -Way Use Permit shall be issued to the applicant Criteria upon which the Right -of - Way Use Permit shall be considered include, but are not limited to, the following 1 Safety Occupation within the County right-of-way must not create a safety hazard to the travelling public 2 Constructability All construction or excavation within the County right-of-way must be able to be performed according to general construction practices PAGE 3 2018-* ORD2018-10 B Changes in Approved Permit An approved Right -of -Way Use Permit shall not be changed, modified or altered without written authorization from the Department of Public Works All work shall be done in conformance with the approved Permit C Permit Limitations An approved Right -of -Way Use Permit requires the Permittee to meet certain permit specifications and general engineering standards when working within the Weld County right-of-way The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards Reasonable care should be used to avoid damaging the existing roadway The issuing and granting of the Right -of -Way Use Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the County D Indemnification The Permittee, its agents, employees, subcontractors, Contractors and assigns, hereby agrees to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction, installation, maintenance, alteration, removal or presence of the lines installed and/or constructed herein referred to or any work or facility connected therewith, within the area covered by this permit, excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of the County, the agencies thereof or its officers and employees The Permittee fully understands that all line installation, construction and relocation will be performed at no expense whatsoever to the County E Permit Expiration Every approved Right -of -Way Use Permit shall expire if the work authorized by the permit is not substantially begun within three (3) months from the date of the permit issuance or if the construction of work authorized by the permit is suspended or abandoned for a period of one (1) year at any time after the work has begun Before work can begin or be resumed, the permit must be reissued by the Weld County Department of Public Works F Permit Extension Any Permittee with an unexpired Right -of -Way Use Permit may apply, in writing, for an extension of the time within which work may begin under that permit if the Permittee is unable to begin work within the time required for good cause, and that the cause is acceptable to the Weld County Department of Public Works There shall be an extension fee assessed to cover administrative costs Sec 8-13-70 County authority. A Right -of -Way Use Permit is considered to be a license for use of the County right-of-way The Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of the Permittee to properly execute the work in accordance with this Article Weld County, notwithstanding the issuance of any permit or construction in Weld County right-of- way, reserves the right to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining roads or right-of-way, without compensating the owner PAGE 4 2018-* ORD2018-10 Sec 8-13-80 Permittee 's general responsibilities. The Permittee is responsible to comply with all of the terms and conditions set forth in the Right -of -Way Use Permit found in Appendix 8-P Sec 8-13-90 Inspections A Inspection of work performed within Weld County right-of-way, pursuant to an approved Right - of -Way Use Permit, is required Inspections during the construction period will be made by the Weld County Department of Public Works to ensure that work is progressing in compliance with the Permit It shall be the responsibility of the Permittee to provide safe access to the work site for the Department and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work At the time of inspection, the Department may order the immediate termination of any work which poses a serious threat to the life, health, safety or well-being of the public B It shall be the responsibility of the Permittee to notify the Department of Public Works when work is ready for inspection The Department requires that every request for inspection be received at least forty-eight (48) hours before such inspection Such requests may be made by telephoning, emailing or faxing the Department The presence of Department employees on -site shall not guarantee or qualify the Permittee's performance The approved permit must be available on -site for review by Department staff Failure to comply will result in suspension of the Permit C The Department of Public Works may make or require other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article Any work performed without the required inspections shall be subject to removal and replacement at the Permittee's expense, regardless of the quality of the work Any inspection hours required outside of the normal working hours will be paid by the Permittee Certain types of work may have continuous inspection and when large-scale projects exceed the ability of the Department to provide inspection, the Permittee will incur the cost of a private inspection firm This third -party inspector will be appointed by the Department prior to issuance of the Permit Sec 8-13-100 Administrative fee All required fees shall be paid in full at the time of the permit application The fee schedule for Right -of -Way Use Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the permit If the applicant objects to the denial of a permit application by the Weld County Department of Public Works, or objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in accordance with the procedures detailed in Section 12-4-110, below Sec 8-13-110 Appeal of denial of Right -of -Way Use Permit If an application for an Right -of -Way Use Permit is denied by the Weld County Department of Public Works, or if the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of PAGE 5 2018-* ORD2018-10 County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code Sec 8-13-120. Failure to comply. A The issuance of the Right -of -Way Use Permit based on plans, specifications or other data shall not prevent the Weld County Department of Public Works from requiring the correction of errors in the plans, specifications and other data or from stopping excavation or construction operations being conducted in violation of this Article or any other regulations of the County Failure of the applicant to comply with any of the terms and conditions of the Permit shall be sufficient cause for cancellation of the permit B The Permittee shall correct any unsatisfactory work including, but not limited to, defects in removal, replacement or patching If the Permittee fails to restore the Weld County right-of- way in the manner and to the condition required by the Weld County Department of Public Works or fails to satisfactorily and timely complete all restorations required by the Department, the County shall have the right to perform the restorations at the expense of the Permittee C Weld County reserves the right to require relocation of any facilities within the dedicated right- of-way at any time without compensating the owner If the Contractor or Permittee does not perform the required relocation within four (4) months of notification from the Weld County Department of Public Works, no new permits will be issued from the Department of Public Works for the contractor until the relocation has been accomplished Sec 8-13-130. Permit suspension or revocation. A The Weld County Department of Public Works may deny, revoke or suspend any Right -of - Way Use Permit to protect the public health, safety, welfare and safe function of Weld County roads The grant of the Right -of -Way Use Permit to the Permittee is a privilege, not a right The County reserves its right to revoke any Right -of -Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the Permittee, or whenever the Permit may have been issued in violation of any provisions of this Article B If the Weld County Department of Public Works determines that the Permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any term or condition of the Permit, the Department shall notify the Permittee of its suspension by either a phone call or a written demand, and the Permittee must then remedy the violation The demand shall state that continued violations may be cause for revocation of the permit Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit C Within twenty-four (24) hours of receiving notification of the suspension, the Permittee shall contact the Weld County Department of Public Works with a plan of correction which must be accepted by the Department The Permittee's failure to contact the Department, failure to submit an acceptable plan or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit and termination of work Upon revocation of the PAGE 6 2018-* ORD2018-10 permit the Permittee will be required to re -apply for a new permit and will be charged for any additional fees that may be applicable Sec 8-13-140 Enforcement A Violations and Penalties Weld County, through the Weld County Department of Public Works or other departments so authorized, may enforce this Article through methods included in this Article or through other methods adopted by the Board of County Commissioners B Criminal Penalties 1 It is unlawful to occupy, construct or excavate within any Weld County right-of-way or encroach upon any County right-of-way, unless a Right -of -Way Use Permit is first issued Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300 00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation Each day during which such violation continues shall be deemed a separate offense 2 Whenever the Weld County Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article, it shall give written notice to the violator to correct such violation within seven (7) days after the date of such notice Should the violator fail to correct the violation within such seven-day period, the department may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons One (1) copy each shall be retained by the Sheriffs Office and the Department and one (1) copy shall be transmitted to the Clerk of the Court The County may remove any obstruction or work not conforming to this Article during the pendency of the enforcement action 3 It is the responsibility of the County Attorney to enforce the provisions of this Section In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney 4 Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C R S , for any violation of this Article C Equitable Relief in Civil Action In the case of any violation of this Article, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation D Civil Penalties In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article, may be subject to the imposition, by order of the County Court, of a civil penalty PAGE 7 2018-* ORD2018-10 in an amount of not less than two hundred fifty dollars ($250 00), nor more than five hundred dollars ($500 00) It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article, the remedies set forth above, or both Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50 00) for each such day In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against real property BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code, and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid The above and foregoing Ordinance Number 2018-10 was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A D , 2019 PAGE 8 2018-* ORD2018-10 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Steve Moreno, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro -Tern BY Deputy Clerk to the Board Sean P Conway APPROVED AS TO FORM Julie A Cozad County Attorney Mike Freeman Date of signature First Reading November 26, 2018 Publication December 5, 2018, in the Greeley Tribune Second Reading December 19, 2018 Publication December 26, 2018, in the Greeley Tribune Final Reading January 21, 2019 Publication January 28, 2019, in the Greeley Tribune Effective February 1, 2019 PAGE 9 2018-* ORD2018-10 ADD APPENDIX 8-P - RIGHT-OF-WAY USE APPLICATION PAGE 10 2018-* ORD2018-10 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: • Bruce Barker Friday, January 04, 2019 9:26 AM Esther Gesick Cheryl Hoffman; Stephanie Frederick; Dawn Anderson; Elizabeth Relford RE: Recording of today's BOCC meeting Ord18-10.2nd(as approved by the BOCC on 12-19-18) with corrections by BTB 1-3-19.docx; Ord18-10-ROW Permit Application - (as approved by the BOCC at 2nd Reading 12-19-18) with Bruces corrections 1-3-19.docx Here is what I have after listening to the recording from 12-19-18. Includes the language the BOCC asked for. I suspect we will have a few more changes after our meeting with the industry next week. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Wednesday, December 26, 2018 5:18 PM To: Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Stephanie Frederick <sfrederick@weldgov.com> Subject: RE: Recording of today's BOCC meeting Bruce, The requested Ordinance is attached, as well as the rough draft version of the minutes which have not been formalized yet, but will provide the necessary audio. Let me know if you need anything else. Esther E. Gesick Clerk to the Board 1150 0 Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 1 al- 37 SP3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Wednesday, December 26, 2018 4:29 PM To: Esther Gesick <egesick@weldgov.com> Subject: FW: Recording of today's BOCC meeting Do you have the Word version of Ord. 2018-10? I was going to listen to the recording and then make the changes the BOCC approved. Did not get to it before the weekend. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stephanie Frederick Sent: Wednesday, December 19, 2018 3:16 PM To: Bruce Barker <bbarker@weldgov.com>; CTB <CTB@co.weld.co.us> Subject: RE: Recording of today s BOCC meeting Here you go. Thank you, Stephanie Frederick Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4219 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Wednesday, December 19, 2018 3:11 PM To: CTB <CTB@co.weld.co.us> Subject: Recording of today's BOCC meeting Can I get the recording of today's BOCC meeting? Interested in hearing what was said by COGA and by Patrick Groom. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 WELD COUNTY CODE ORDINANCE 2018-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows CHAPTER 12 LICENSES AND PERMITS Delete ARTICLE IV — Right -of -Way Use Permit Policy, in its entirety, and move to Chapter 8 with amendments. CHAPTER 8 PUBLIC WORKS Add ARTICLE XIII — Right -of -Way Use Permit Policy. Sec. 8-13-10 General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way PAGE 1 2018-4154 ORD2018-10 Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors;; such as, surrounding population density, topography, or if the right-of-way providesing access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Permit application, pursuant to Section 8-13-110, below. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. Sec. 8-13-20. Purpose. This Article recognizes the importance of protecting the health, safety and welfare of the traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County's right-of-way. Sec. 8-13-30. Regulation of work in County right-of-way. A. Issuance of Right -of -Way Use Permit. A Right -of -Way Use Permit shall be issued only in compliance with the rules and regulations set forth in this Article. In no event shall construction within the County right-of-way be allowed or permitted if it is detrimental to the public health, welfare and safety. B. Right -of -Way Use Permit Necessary. A Right -of -Way Use Permit is required for occupying, constructing or excavating facilities within, and for encroaching upon, any County right-of-way. C. No Work Without Right -of -Way Use Permit. No person or entity may occupy, construct or excavate within any County right-of-way or easement, or encroach upon any County rights -of -way or easement, without first having obtained a Right -of -Way Use Permit from the Department of Public Works. In addition, no person or entity may excavate, construct or occupy the County right-of-way beyond the date or dates specified in the permit unless: (1) the person or entity requests a written extension before the expiration of the initial permit, and (2) a new permit or extension is granted. Sec. 8-13-40. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: PAGE 2 2018-4154 ORD2018-10 Contractor means any party performing the installation and construction for a Permittee who obtains a permit pursuant to this Article. A Contractor may be a Permittee under this definition. Lines means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. Permittee means the owner, operator, person and/or entity constructing, excavating or occupying the County right-of-way who has obtained a permit pursuant to this Article. Right -of -Way means a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a roadway or highway whether maintained or not -maintained by Weld County. The term is used as both singular and plural. Sec. 8-13-50. Right -of -Way Use Permit application. Complete Application Required. Applicants shall file a complete application for a Right -of - Way Use Permit. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is determined to be incomplete may or may not retain its same processing cycle. The Right -of -Way Use Permit and Application are found in Appendix 8-P, the terms and conditions of which are incorporated into this Article. Sec. 8-13-60. Application review, Right -of -Way Use Permit issuance, permit expiration and permit extension. A. Review Process. The application and other data filed by an applicant for a Right -of -Way Use Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws. If the Department of Public Works finds that the work described in an application for a Right -of - Way Use Permit conforms to the requirements and regulations set forth in this Article, meets the requirements defined in the Department of Public Works Design Standards and Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Right -of -Way Use Permit shall be issued to the applicant. Criteria upon which the Right -of - Way Use Permit shall be considered include, but are not limited to, the following: 1. Safety: Occupation within the County right-of-way must not create a safety hazard to the travelling public. 2. Constructability: All construction or excavation within the County right-of-way must be able to be performed according to general construction practices. PAGE 3 2018-4154 ORD2018-10 B Changes in Approved Permit An approved Right -of -Way Use Permit shall not be changed, modified or altered without written authorization from the Department of Public Works All work shall be done in conformance with the approved Permit C Permit Limitations An approved Right -of -Way Use Permit requires the Permittee to meet certain permit specifications and general engineering standards when working within the Weld County right-of-way The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards Reasonable care should be used to avoid damaging the existing roadway The issuing and granting of the Right -of -Way Use Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the County D Indemnification The Permittee, its agents, employees, subcontractors, Contractors and assigns, hereby agrees to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction, installation, maintenance, alteration, removal or presence of the lines installed and/or constructed herein referred to or any work or facility connected therewith, within the area covered by this permit, excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of the County, the agencies thereof or its officers and employees The Permittee fully understands that all line installation, construction and relocation will be performed at no expense whatsoever to the County E Permit Expiration Every approved Right -of -Way Use Permit shall expire if the work authorized by the permit is not substantially begun within three (3) months from the date of the permit issuance or if the construction of work authorized by the permit is suspended or abandoned for a period of one (1) year at any time after the work has begun Before work can begin or be resumed, the permit must be reissued by the Weld County Department of Public Works F Permit Extension Any Permittee with an unexpired Right -of -Way Use Permit may apply, in writing, for an extension of the time within which work may begin under that permit if the Permittee is unable to begin work within the time required for good cause, and that the cause is acceptable to the Weld County Department of Public Works There shall be an extension fee assessed to cover administrative costs Sec. 8-13-70. County authority A Right -of -Way Use Permit is considered to be a license for use of the County right-of-way The Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of the Permittee to properly execute the work in accordance with this Article Weld County, notwithstanding the issuance of any permit or construction in Weld County right-of- way, reserves the right to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining roads or right-of-way, without compensating the owner PAGE 4 2018-4154 ORD2018-10 Sec 8-13-80. Permittee 's general responsibilities The Permittee is responsible to comply with all of the terms and conditions set forth in the Right -of -Way Use Permit found in Appendix 8-P Sec 8-13-90. Inspections A Inspection of work performed within Weld County right-of-way, pursuant to an approved Right - of -Way Use Permit, is required Inspections during the construction period will be made by the Weld County Department of Public Works to ensure that work is progressing in compliance with the Permit It shall be the responsibility of the Permittee to provide safe access to the work site for the Department and to all others, as authorized by law, for inspection at all reasonable times during the execution' and upon completion of the work At the time of inspection, the Department may order the immediate termination of any work which poses a serious threat to the life, health, safety or well-being of the public B It shall be the responsibility of the Permittee to notify the Department of Public Works when work is ready for inspection The Department requires that every request for inspection be received at least forty-eight (48) hours before such inspection Such requests may be made by telephoning, emailing or faxing the Department The presence of Department employees on -site shall not guarantee or qualify the Permittee's performance The approved permit must be available on -site for review by Department staff Failure to comply will result in suspension of the Permit C The Department of Public Works may make or require other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article Any work performed without the required inspections shall be subject to removal and replacement at the Permittee's expense, regardless of the quality of the work Any inspection hours required outside of the normal working hours will be paid by the Permittee Certain types of work may have continuous inspection and when large-scale projects exceed the ability of the Department to provide inspection, the Permittee will incur the cost of a private inspection firm This third -party inspector will be appointed by the Department prior to issuance of the Permit Sec. 8-13-100 Administrative fee All required fees shall be paid in full at the time of the permit application The fee schedule for Right -of -Way Use Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the permit If the applicant objects to the denial of a permit application by the Weld County Department of Public Works, or objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in accordance with the procedures detailed in Section 12-4-110, below Sec 8-13-110 Appeal of denial of Right -of -Way Use Permit. If an application for an Right -of -Way Use Permit is denied by the Weld County Department of Public Works, or if the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of PAGE 5 2018-4154 ORD2018-10 County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code Sec. 8-13-120. Failure to comply. A The issuance of the Right -of -Way Use Permit based on plans, specifications or other data shall not prevent the Weld County Department of Public Works from requiring the correction of errors in the plans, specifications and other data or from stopping excavation or construction operations being conducted in violation of this Article or any other regulations of the County Failure of the applicant to comply with any of the terms and conditions of the Permit shall be sufficient cause for cancellation of the permit B The Permittee shall correct any unsatisfactory work including, but not limited to, defects in removal, replacement or patching If the Permittee fails to restore the Weld County right-of- way in the manner and to the condition required by the Weld County Department of Public Works or fails to satisfactorily and timely complete all restorations required by the Department, the County shall have the right to perform the restorations at the expense of the Permittee C Weld County reserves the right to require relocation of any facilities within the dedicated right- of-way at any time without compensating the owner If the Contractor or Permittee does not perform the required relocation within four (4) months of notification from the Weld County Department of Public Works, no new permits will be issued from the Department of Public Works for the contractor until the relocation has been accomplished Sec 8-13-130 Permit suspension or revocation. A The Weld County Department of Public Works may deny, revoke or suspend any Right -of - Way Use Permit to protect the public health, safety, welfare and safe function ofWeld County roads The grant of the Right -of -Way Use Permit to the Permittee is a privilege, not a right The County reserves its right to revoke any Right -of -Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the Permittee, or whenever the Permit may have been issued in violation of any provisions of this Article B If the Weld County Department of Public Works determines that the Permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any term or condition of the Permit, the Department shall notify the Permittee of its suspension by either a phone call or a written demand, and the Permittee must then remedy the violation The demand shall state that continued violations may be cause for revocation of the permit Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit C Within twenty-four (24) hours of receiving notification of the suspension, the Permittee shall contact the Weld County Department of Public Works with a plan of correction which must be accepted by the Department The Permittee's failure to contact the Department, failure to submit an acceptable plan or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit and termination of work Upon revocation of the PAGE 6 2018-4154 ORD2018-10 permit the Permittee will be required to re -apply for a new permit and will be charged for any additional fees that may be applicable Sec. 8-13-140 Enforcement. A Violations and Penalties Weld County, through the Weld County Department of Public Works or other departments so authorized, may enforce this Article through methods included in this Article or through other methods adopted by the Board of County Commissioners B Criminal Penalties 1 It is unlawful to occupy, construct or excavate within any Weld County right-of-way or encroach upon any County right-of-way, unless a Right -of -Way Use Permit is first issued Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300 00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation Each day during which such violation continues shall be deemed a separate offense 2 Whenever the Weld County Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article, it shall give written notice to the violator to correct such violation within seven (7) days after the date of such notice Should the violator fail to correct the violation within such seven-day period, the department may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity, to give notice of said charge to the violator The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons One (1) copy each shall be retained by the Sheriffs Office and the Department and one (1) copy shall be transmitted to the Clerk of the Court The County may remove any obstruction or work not conforming to this Article during the pendency of the enforcement action 3 It is the responsibility of the County Attorney to enforce the provisions of this Section In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney 4 Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C R S , for any violation of this Article C Equitable Relief in Civil Action In the case of any violation of this Article, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution; may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation D Civil Penalties In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article, may be subject to the imposition, by order of the County Court, of a civil penalty PAGE 7 2018-4154 ORD2018-10 in an amount of not less than two hundred fifty dollars ($250 00), nor more than five hundred dollars ($500 00) It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article, the remedies set forth above, or both Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50 00) for each such day In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against real property BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code, and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in -said Code BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid The above and foregoing Ordinance Number 2018-10 was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A D , 2019 PAGE 8 2018-4154 ORD2018-10 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Steve Moreno, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tem BY Deputy Clerk to the Board Sean P Conway APPROVED AS TO FORM Julie A Cozad County Attorney Mike Freeman Date of signature First Reading November 26, 2018 Publication December 5, 2018, in the Greeley Tribune Second Reading December 19, 2018 Publication December 26, 2018, in the Greeley Tribune Final Reading January 21, 2019 Publication January 28, 2019, in the Greeley Tribune Effective February 1, 2019 PAGE 9 2018-4154 ORD2018-10 ADD APPENDIX 8-P - RIGHT-OF-WAY USE APPLICATION PAGE 10 2018-4154 ORD2018-10 Weld County Department of Public Works 1111 H Street, PO Box 758 Greeley, CO 80632 Phone: 970-304-6496 Send applications to: ROWPermits@weldgov.com RIGHT-OF-WAY USE APPLICATION Permit Use type: Utility Oil and Gas Private Line Abandonment or Retire Remediation Annual Applicant (Permittee): Agent: Business name: Business name: Contact name: Contact name: Address: PO Box: Contact phone: (office) City: State: Zip: (cell) Phone: E-mail: E-mail: Primary Contractor: Secondary Contractor: Business name: Business name: Contact name: Contact name: Address: PO Box: Contact phone: (office) City: State: Zip: (cell) Contact Phone: (office) E-mail: (cell) E-mail: Traffic Control Contractor: Reclamation Contractor: Business name: Business name: Contact name: Contact name: Contact Phone: (office) Contact Phone: (office) (cell) (cell) E-mail: E-mail: Inspector: Business name: Contact name: Contact Phone: (office) (cell) E-mail: Page 1 of 12 Project name Location CR between CR and CR Road Classification Local Collector Arterial ROW Type Maintained Non -Maintained Project Classification Residential Commercial Municipal Parcel number Parcel number (opposite side for crossings) Legal (Section/Township/Range) - N- W Service Address Subdivision Does Project disturbance exceed 1 Acre Yes No Provide if applicable Grading Permit# CDPHE Permit # Planning Case# Other Permits Impacted surface (check all that apply) Asphalt Concrete Gravel Treated Gravel Outside of Roadway _Unmaintained Native Other Type of Use (check all that apply) _Communications _Electric _Potable Water Non -Potable Water Sanitary Sewer Natural Gas -Utility _Natural Gas Pipeline Crude Oil Pipeline _Produced Water Pipeline _ Fresh Water Transfer Irrigation _Storm Water Other Provide detailed description of Project Page 2 of 12 Construction Details (check or complete all that apply) Line type Appurtenance Cable Casing/Sleeve Conduit Fiber optic Pipeline Powerline Composition of Line Asbestos Concrete (AC) Aluminum Carbon Steel Conductor Copper PVC _ Steel _Flex Steel _ Ductile Iron Polyethylene (PE) HDPE Lay flat _CMP RCP Other Line Size Inside diameter Outside Diameter Appurtenance type Cabinet Manhole Meter Hand hole Valve Utility pole Pedestal Monitor well Other Appurtenance Dimensions Length Width Height Classification of Work Temporary New Service Maintenance Occupation Relocation Disconnect Surveying Overhead Underground Potholing Culvert install Tree Trimming Road improvements Road maintenance Traffic control Retire or Abandon line Other Construction Methods Directional Bore Open cut Excavation Trenching Plow or Cable puller Core Drilling Paving Gravel placement Topsoil replacement Debris removal Snow removal Reseeding Open cut/excavation/trench details Length Width Restoration Methods Asphalt (HMA) Flowable fill Compaction testing Non -shrink Grout Structural fill Road base l Surface Gravel Fugitive dust product Native material Reseeding Mulching Erosion Control Future location markers Requested Start date Projected Completion date Weekend hours requested Yes No Permittee Signature Printed name Date Page 3 of 12 Right of Way Permit Fee Schedule Administrative fees 1) Application and Review -Standard 2) Application and Review- Annual 3) Permit revision 4) Permit extension 5) Inspection outside normal hours Construction fees 1) Bore Crossing w/ both pits outside ROW a) b) c) Line outside diameter < 12" Line outside diameter 12" to 20" Line outside diameter> 20" 2) Bore Crossing w/ one (1) or both pits within ROW a) b) c) Line outside diameter < 12" Line outside diameter 12" to 20" Line outside diameter> 20" 3) Bore parallel in ROW outside of Roadway a) b) c) Line outside diameter < 12" Line outside diameter 12" to 20" Line outside diameter> 20" 4) Open cut Asphalt or Chipseal < 5 years old 5) Open cut Asphalt or Chipseal >5 years old 6) Open cut Treated Gravel Surface 7) Open cut Gravel Surface 8) Parallel installation Outside roadway a) Trench width up to 12" b) Trench width 12" to 20" c) Trench width > 20" 9) Pothole/Test hole 8" or less a) Asphalt or Chipseal b) Treated Gravel Surface c) Gravel Surface d) Outside roadway 10) Above ground occupation within ROW 11) Appurtenances a) <3SF b) > 3 S 12) Penalties a) Failure to obtain a Permit b) Safety Violation 13) Abandonment/Retirement of Line in ROW a) =<12" b) >12" $150 00 $300 00 $ 75 00 $150 00 $75 00/Hr (minimum 2 hours) $ 50 00 + $0 30/LF $ 75 00 + $0 30/LF $100 00 + $0 30/LF $ 75 00 + $0 30/LF $100 00 + $0 30/LF $125 00 + $0 30/LF $ 25 00 + $0 30/LF $ 50 00 + $0 30/LF $ 75 00 + $0 30/LF $5 00/ SF Minimum $100 00 52 50/ SF Minimum $75 00 $2 50/ SF Minimum $50 00 $1 00/SF Minimum $50 00 $0 30/LF $0 60/LF $0 90/LF $50 00/each $50 00/each $25 00/each $10 00/each $0 25/ LF Minimum $50 00 $50 00/each $175 00/each Total of all fees X days delinquent $250 00 $75 00 + $0 50 LF $150 00 + $0 50 LF Page 4 of 12 RIGHT-OF-WAY USE PERMIT The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special districts constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; and -for lines in non -maintained right-of-way if approved by Weld County based upon locational factors;, such as, surrounding population density, topography, or if the right-of-way providesing access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Permit application, pursuant to Weld County Code Section 8-13-110. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained gravel and paved roads, and all public drainage easements. A Right - of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee is prohibited from changing the use of the Project in any way without first obtaining a new permit. SUBMITTAL REQUIREMENTS 1. Complete application. Permittee must submit a complete Right -of -Way Use Application and include required submittals for review and consideration of its Project. If the Project is approved, a Right -of -Way Use Permit will be issued to the Permittee. It is the Permittee's responsibility to inform its Contractor of all Permit requirements, Provisions, and attached Special Provisions. 2. Drawing, plan set, and map. A drawing, plan set and map are required to be submitted with the Application. Detailed plan(s), sketch, and/or map(s) showing the work location and roadway, edge of roadway, County ROW lines, at least one crossroad, and a legend. It is preferred, that drawings be 11x17 or capable of being printed out in 11 x 17. All underground installations must include a cross section typical showing depth of line being installed per County requirements based on the lowest point of the County ROW and show the County ROW width. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. 3. Traffic Control Plan. A Traffic Control Plan (TCP) or Method of Handling Traffic (MHT) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) in drawing form; narratives will not be accepted. (a) Flaggers shall be required at any locations where there is encroachment into a travelling lane. (b) Full road closure requests must be prepared by and signed by a Traffic Control Supervisor (TCS). (c) Full road closures exceeding three (3) days shall require approval of the Board of County Commissioners. 4. Insurance. Permittee and/or its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its sub -contractors, members of the public who use the right-of-way associated with the Project, and Weld County, Colorado, from claims for bodily injury, death, or property damage which may arise from the construction of the Project, or caused by the facilities which are constructed as permitted herein. The Board of County Commissioners of Weld County, Colorado, its officers, and employees must be named as an "Additional Named Insureds" in all liability insurance policies secured by the Permittee and/or its Contractor. The following insurance policies and amounts are required. Certificates of insurance evidencing such policies shall be delivered to the Weld County Department of Public Works: (a) Statutory Worker's Compensation. (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 Page 5 of 12 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Bonding and Surety. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Department of Public Works contract prices for the performance of such work. Said collateral shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Department of Public Works. Whether or not covered by a bond, Permittee shall reimburse Weld County for all expenses incurred by it as the result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit in a workmanlike manner. 6. Geotechnical Submittals. The Weld County Department of Public Works reserves the right to request from Permittee geotechnical submittals if deemed necessary. The grant of this Permit is conditioned upon Permittee's and its Contractor's compliance with the General Provisions, Construction Provisions, Pipeline Provisions (if applicable), and General Matters set forth below. By accepting this Permit, Permittee and its Contractor agree to comply with the terms and conditions set forth herein. GENERAL PROVISIONS 1. Permit Required. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions listed as item number 12). (b) Contractor must have a copy of this Permit on site during construction of the Project. (c) This Permit requires completion of construction within three (3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the expiration of three (3) months. All applicable fees must be paid before extension will be issued. 2. Inspection. Inspection of work performed in Weld County right-of-way is required. The Weld County Department of Public Works must be notified 48 hours prior to commencing all work within Weld County right-of-way. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 3. Additional Permits. Permittee shall be responsible for obtaining all other state, federal, or local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Department of Public Works. 4. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. 5. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time. 6. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's right-of-way and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of-way. Weld County must approve location Page 6 of 12 prior to construction. 7. Compliance with Utility Notification Requirements. Permittee and/or its Contractor shall comply with all applicable requirements of C.R.S. §§ 9-1.5-101, et seq., and be responsible for locating all existing utilities and registering all new lines with 811. Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging. Markers and flags are valid for 30 days. Permittee must remove all utility locates such as flags and marker pins from the right- of-way once the construction is complete. Any subsurface utility engineering notification sent to the Colorado Notification Association shall also be sent to the Weld County Department of Public Works. 8. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines, or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 9. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right -of -Way Use Permit and make the required repairs as soon as practicable after the Weld County Department of Public Works is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 10. Changes Made to the Right-of-way - Permittee's Financial Responsibility. In the event changes are made by Weld County to the right-of-way or appurtenances within the right-of-way that would necessitate removal or relocation of the Project, Permittee shall do so promptly at its own expense upon the request of Weld County. 11. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project constructed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County funds. 12. Permittee Solely Responsible. Permittee or its successors and assigns, remains solely responsible for all matters pertaining to the Project and all costs associated with or pertaining to the Project. These responsibilities include, but are not limited to, the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon retirement of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's right-of-way. 13 . Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns. CONSTRUCTION PROVISIONS 1. Road Crossings. All underground installations crossing maintained or non -maintained Weld County roadways and right of ways shall be by directional bore unless otherwise approved by Weld County Public Works. 2. Parallel Installations. Parallel installations within the untraveled portion of Weld County right-of-way may be performed by bore, trenching, plowing, drilling or excavation. 3. Bridge Structures. (a) No lines shall be attached or otherwise placed along or upon any Bridge structure or wing walls. (b) No continuous line shall be installed crossing under a bridge structure. (c) Underground projects installed parallel to a bridge structure must maintain a minimum clearance of five feet (5') from all wing walls and pilings. 4. Minimum Cover for County right of way installations. All depth requirements are minimums and are subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right - Page 7 of 12 of -way In no event shall any facilities be installed in Weld County right-of-way at depth less than four feet (4') from top of line measured from the lowest point of the right-of-way (a) Dry utilities shall be installed at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline) (b) Wet utilities shall be installed at a minimum depth of six feet (6') from top of line measured from the lowest point of the right-of-way (flowline) (c) All types of oil and gas lines shall be installed at a minimum depth of ten feet (10') from top of line measured from the lowest point of the right-of-way (flowline) Concrete surfaces shall be crossed at a minimum depth of fifteen feet (15') from top of line measured from the lowest point of the right-of-way (flowline) (d) All line types crossing Non -maintained right-of-way shall be at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline) (e) Culverts must have a minimum of twelve inches (12") of cover 5 Daily Construction Requirements At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements (a) Working hours allowed under this Permit are from Sunrise to'/: hour prior to Sunset (b) All materials shall be removed a minimum of ten feet (10') from outside edge of the road shoulder (c) All excavations upon the traveled portions of the right-of-way shall be back -filled in accordance with the compaction requirements set forth below unless otherwise approved by Weld County (d) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities 6 Equipment Movement and Equipment Crossings (a) Movement of cleated or track equipment is restricted to the immediate work area Equipment shall be transported to a proper unloading area No cleated or track equipment may work on or move over any road way surface without mats (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti -tracking material to prevent damage to the road surfaces and shoulder areas Crushed concrete is prohibited for use as a surface material A minimum of a twelve -inch (12") culvert shall be placed in ditch areas under tracking pad to maintain proper drainage Existing ditch and upstream and downstream culverts must be observed in determining appropriate drainage culvert size 7 Site Markers Permittee shall mark the site of the construction of the Project, whether permanent or temporary, with markers acceptable to Weld County Department of Public Works Markers shall be placed as far from edge of road as to not interfere with normal road maintenance 8 Future Line Location The installation of non-ferrous lines in the right-of-way shall require a suitable means to facilitate future line location such as, but not limited to, metallic warning tape installed above the line and registration with 811 9 Concrete Surfaces There is a strict no cut policy on all concrete surfaces, which includes potholing Any damage or cutting of concrete surfaces will result in the Permittee being responsible for the cost of a full replacement of concrete panel(s) by a Contractor approved by Weld County Bore grout may be required for concrete surfaces 10 Asphalt Surfaces Asphalt surfaces are not to be cut unless approved by the Weld County Department of Public Works If an asphalt surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Section 11 Compaction Requirements, below) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one (+1) 11 Compaction Requirements (a) All compaction of backfills and road surfaces shall be compacted in accordance with the most current versions of the Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and Field Materials Manual (b) All backfills located within an existing asphalt surface or under the asphalt not currently in place but will be as part of a new road construction, must be compacted using flow -fill cement in the upper three feet (3') of backfill (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the right-of-way and replaced with compactable materials the right-of-way shall then be returned to the original grades and Page 8 of 12 cross sections Weld County Department of Public Works shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement (d) On gravel roads where excavation materials are stacked on the road surface, road base of 3 -inch surface gravel as _ specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for surface gravel shall be spread over the entire road surface at a minimum depth of six inches (6") upon completion of the work Shoulders on paved roads or barrow ditches where excavation is done shall require a minimum of four inches (4") of 3 -inch Class 6 road base material These amounts are minimums and do not supersede any requirements within the Permit (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed_ Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the right-of-way Eighty-five percent (85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the right-of-way Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches (6") of surface gravel after all of the Project has been placed and compaction test results are in compliance (f) Potholes in gravel surfaces,shall be filled completely with road base and compacted Potholes in asphalt or shall be filled with a cement/grout to existing thickness plus 1 (+1) or filled with a com'pactable base material and the final placement a HMA or concrete material of existing thickness plus one (+1) 12 Reseeding. Permittee shall reseed, with a seed mix approved by Weld County Department of Public Works, all areas within the right-of-way in which vegetation was removed or disturbed during the installation of its Project 13. Points of Access Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the right-of-way Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County 14 Survey Monuments Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site If such monuments or bench marks are destroyed, Permittee shall hire a registered land surveyor to replace destroyed monuments or bench marks If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a registered land surveyor to complete such preservation 15 Permittee's Obligations Regarding Surveys (a) All surveying performed within the boundaries of the right-of-way shall be conducted with proper safety equipment and advanced warning signs, (b) Surveying permit holders can be issued an annual permit (c) Any excavation within the boundaries of the right-of-way will be backfilled with the same material or better than what was excavated (d) Weld County Department of Public Works offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road Permittee shall furnish the location of the section corners being preserved to thle Department of Public Works when obtaining monument boxes 16 Permittee's Obligations Regarding the Completion of Project (a) Permittee shall place surface gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material Weld County shall determine the damaged areas, remedial work required, and timing of said work (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities, trench compaction, and replacement of gravel shall be kept within one (1) mile of new excavation (c) All disturbed portions of the right-of-way or damaged road surfaces are to be returned to their original condition prior to demobilizing if the right-of-way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done (d) Permittee shall own, maintain, operate and repair any line installed or constructed herein in accordance with the regulations, conditions and terms of this permit No lines installed within County rights -of -way may be abandoned by the owner at any time Although the lines may be retired, they may not be abandoned and all responsibility for such lines remains with the owner The County does not recognize, nor accept, any lines designated by any other source as abandoned, and the County will continue to expect such lines to be maintained or removed by the Permrttee Page 9 of 12 17 Line Retirement Retirement of lines in Weld County right-of-way are still required to be located as part of 811 If Weld County approves a line to be retired, the retirement of an existing line in the right-of-way shall be subject to conditions as determined by the Weld County Department of Public Works based on the age, condition, material type, and size Permittee shall cut, cap, and fill Project(s) that are not required to be removed 18 Line Abandonment If Permittee desires to abandon a line from being located as part of 811 notification, Permittee shall completely remove the line from Weld County right-of-way, unless otherwise approved by Weld County 19 Drainage Interference Permittee shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways If surface drainage is to be affected, Permittee is responsible for the proper disposition of the runoff PIPELINE PROVISIONS 1 Natural Gas/Crude Oil Pipelines (a) Natural gas/crude oil pipelines are allowed road crossings only, no parallel installations (b) Road crossings for natural gas/crude oil pipelines must be by directional bore, only (c) Above -ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements 2 Permanent Fresh Water (Non -Potable) Pipelines (a) Permanent fresh water (non -potable) pipelines are allowed for road crossings, only, no parallel installations (b) Road crossings for permanent fresh water (non -potable) pipelines must be by directional bore, only (c) Permanent fresh water (non -potable) pipelines must extend past future right-of-way prior to daylighting (d) Above ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements (e) Weld County approval is required for any change of use or retirement of a permanent fresh water (non -potable) pipeline 3 Temporary Fresh Water Above -Ground Transfer Pipelines (a) Fresh water above -ground transfer pipelines are allowed as a temporary use for a period of 6 months or less for both road crossings and parallel installations See the limitations and restrictions set forth below depending upon crossing methods (b) Fresh water above -ground transfer pipelines may transfer fresh or recycled water, only (c) The source of water must be disclosed on the Right -of -Way Use Application (d) The use of unmaintained Weld County right-of-way for temporary fresh water above -ground transfer pipelines shall be negotiated with the landowner(s) (e) Existing driveway culverts may not be used for water transfers (f) All pipelines or lay flat pipes occupying the right-of-way (running parallel to the roadway) must be secured up out of the ditch flowlines and away from the road edges They may not interfere with normal road maintenance Crossing methods for temporary fresh water above -ground transfer pipelines 1) Plate/Manifold a Applicable for untreated gravel roadways for a transfer duration of 10 days or less b Must be covered with Class 6 road base with a minimum of 15 -foot road base tapers on each side All forms of traffic must be able to safely cross the plate/manifold c Traffic control signs required including a speed reduction to 15 mph for the duration of the transfer d Permittee is required to maintain the crossing which includes 24 -hour snow removal in winter 2) Culvert Sleeve a Applicable for longer term transfers crossing untreated gravel roadways only Page 10 of 12 b Maximum culvert size is 15" outside diameter unless approved by the Weld County Department of Public Works c Minimum of 18" of Class 6 road base cover on culvert d Compaction tests of road base is required after culvert is removed if flowable fill is not used for final restoration of the roadway 3) Existing Culverts a Requests for use of existing County culverts (any culvert crossing under a County maintained roadway or intersection) are subject to special review Use is for a maximum of 15 days b Existing culverts are not available for use from March through October c Driveway/access culverts are not available for use d If the culvert also serves for irrigation, written permission from the Irrigation or Ditch Company may be required e Culvert must be cleared anytime drainage is impeded due to run-off or flooding 4) HDPE or PVC Pipe a Applicable for longer term transfers where a paved, hard surface, or treated gravel roadway must be crossed b Pipeline ends must extend past future right-of-way before daylighting c Weld County approval is required for any change of use or retirement of the pipeline 4 Produced Raw Water Pipelines (a) Produced water pipelines may apply for road crossings only No temporary above -ground transfers or parallel installations will be permitted (b) Pipelines will only be considered for approval that are transferring to a County approved injection or recycling facility (c) Casing is required for crossing under County roadways (d) Casing type may be determined by the Permittee or its Contractor (e) Casing maximum outside diameter is not to exceed 12" (f) Casing ends must extend outside of the County right-of-way (g) If Flex Steel Pipe is used, casing requirement will be waived (h) Maximum size of the produced water pipeline is not to exceed 8" and not to exceed 10" OD (i) Requests for larger diameter pipelines will require special review by the Weld County Department of Public Works (j) Location markers shall be green in color and must list "produced water" and an emergency contact number GENERAL MATTERS 1 Terms (a) All references herein to "Right -of -Way" refer to a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a paved or gravel roadway or highway whether maintained or not - maintained by Weld County The term is used as both singular and plural (b) All references herein to "Permittee" are to any persons and/or entities applying for and being issued this Right -of -Way Use Permit granting permission to construct their Project within Weld County's right-of-way (c) All references here to "Lines" means all underground and overhead cable, telephone, electric, power, wire, gas and irrigation lines, and/or appurtenances, structures or pipelines (d) All references herein to "Contractor" are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way (e) All references herein to "Permit" refer to this Right -of -Way Use Permit, including all Permit requirements, Provisions, and attached Special Provisions 2 Weld County's Limited Interest in Right -of -Way Weld County owns a limited interest in the right -of- way and therefore, does not, by the issuance of this Permit, warrant its ownership of the right-of-way Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right- of-way Therefore, Permittee shall obtain from the fee title owner(s) of the right-of-way or others having proprietary interests in the right-of-way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the right- of-way Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permittee's securing such authority or rights 3 Rights Reserved by Weld County Permittee acknowledges and agrees that the Right -of -Way which are the subject of this Permit exist as public right-of-way for the primary benefit of the travelling public, and that the rights granted in this Permit Page 11 of 12 to the Permittee are subject to Weld County's rights and obligations to preserve and maintain the right-of-way and the public's right to continue to travel safely upon the right-of-way (a) Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right -of -Way for existing and future construction, operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities (b) Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County (c) This Permit is non-exclusive Weld County reserves the right to allow other public and private utilities and entities to utilize the subject right-of-way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the right-of-way (d) Weld County reserves the right to reconstruct, widen and/or maintain the right-of-way which are the subject Permit In the event this work requires Permittee to incur expenses to preserve, re -locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost 4 Indemnification Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project 5 Hold Harmless Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third -party 6 No Assignment Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County, which consent shall not be unreasonably withheld However, in the event Permittee contracts with a third -party Contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit 7 Entire Permit Agreement The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees This Permit embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein 8 Effect of Invalidity of Provision If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law 9 No Waiver of Immunity No term or condition of this Permit shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq , as applicable now or hereafter amended 10 No Third Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit, and all rights of action relating to such enforcement, shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns SPECIAL PROVISIONS This Permit may be subject to additional Special Provisions Such Special Provisions are attached hereto Page 12 of 12 Cheryl Hoffman From: Sent: To: Subject: FYI... Esther Gesick Wednesday, December 19, 2018 5:08 PM Cheryl Hoffman FW: Weld County Proposed ROW Code Changes 81. Response Letter Esther E. Gesick Clerk to the Board 1150 O Street) P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ryan Seastrom <Ryan.Seastrom@coga.org> Sent: Wednesday, December 19, 2018 4:34 PM To: Dawn Anderson <dranderson@weldgov.com>; Christy Woodward <christy.woodward@coga.org> Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Andrew Casper <Andrew.Casper@COGA.org> Subject: RE: Weld County Proposed ROW Code Changes & Response Letter Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Dawn, Thank you for sending some dates over. I have solicited input from members and will get back with you as soon as I can with a day. I have pushed for January 7, as it will allow a maximum amount of time for changes before the third reading late January. We sincerely appreciate the opportunity to further discuss these changes with you and the rest of your department. Please let me know if you have any questions in the meantime. Thank you, Ryan Seastrom Community Outreach Coordinator Colorado Oil & Gas Association p: 303-861-0362 c: 720-788-9746 0204-51Y5 i 0 COLORADO OILBrGAS ASSOCIATION ASSOCIATION COGA Confidentiality Notice - This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is Strictly Prohibited. If you have received this transmission in error, please contact the sender and delete the communication and its attachments immediately. Thank you. From: Dawn Anderson <dranderson@weldgov.com> Sent: Wednesday, December 19, 2018 8:05 AM To: Christy Woodward <christy.woodward@coga.org>; Ryan Seastrom <Ryan.Seastrom@coga.org> Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Andrew Casper <Andrew.Casper@COGA.org> Subject: RE: Weld County Proposed ROW Code Changes & Response Letter Christy, Thank you so much for your email. The County would have the following times available to schedule a meeting during the week of January 7th Monday, January 7th: Any time between 1:30 p.m. — 5:00 p.m. Wednesday, January 9th: Any time between 2:30 p.m. — 5:00 p.m. Thursday, January 10th: Any time between 9:00 a.m. — 12:00 p.m. Please let me know what would work best for you and I will get something on our calendar. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Christy Woodward <christy.woodward@coga.org> Sent: Tuesday, December 18, 2018 11:38 AM To: Dawn Anderson <dranderson@weldgov.com>; Ryan Seastrom <Ryan.Seastrom@coga.org> Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Andrew 2 Casper <Andrew.Casper@COGA.org> Subject: RE: Weld County Proposed ROW Code Changes & Response Letter ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Dawn, We really appreciate your written response to our comments and I have forwarded this to members today and we are still getting some comments back; however, it is clear from preliminary comments I have received that we still have some concerns with this as proposed. We aren't necessarily objecting to these changes, but need more time to vet this and understand the practical implications. We would genuinely like to meet with staff in advance of a second reading and would request additional time to make that happen through a continuance of the second reading if possible? Specifically, our members need more time to review the application as proposed since it will be codified and difficult to change in the future. We are struggling to get into the meat of this due to the Holidays. We can request a continuance verbally tomorrow and likely will, but I wanted to reach out and give you a heads up and formally request a time for this meeting in early January? If a continuance is not possible, we would still like to meet with staff in advance of the third reading. Thank you very much again for your attention to this matter. From: Dawn Anderson <dranderson@weldgov.com> Sent: Monday, December 17, 2018 6:04 PM To: Ryan Seastrom <Ryan.Seastrom@coga.org>; Christy Woodward <christy.woodward@coga.org> Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: Weld County Proposed ROW Code Changes & Response Letter Ryan / Christy, Please see the attached letter with responses to the questions that you sent regarding our proposed ROW code changes. These responses are those that were discussed during the work session held on Tuesday, December 11th I have also attached some additional proposed changes that we will be presenting on Wednesday. These are in reference to questions posed by your members regarding parallel installations within non -maintained ROW. Please let me know if you have any questions prior to Wednesday. If not, I look forward to seeing you at the Board meeting. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: dranderson@weldgov.com Office: (970) 400- 3736 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 Cheryl Hoffman From: Sent: To: Subject: Attachments: Bruce Barker Wednesday, December 19, 2018 11:17 AM CTB Code Ord. 2018-10 20184154.pdf f.2 0LA /02_47-/ See the attached. Made the changes the BOCC approved today. Will address their additional language in the next day or so. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; and -for fresh water above -ground transfer pipelinesi and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors, such as, surrounding population density, topography or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. Sec. 8-13-20. Purpose. This Article recognizes the importance of protecting the health, safety and welfare of the traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County's right-of-way. Sec. 8-13-30. Regulation of work in County right-of-way. A. Issuance of Right -of -Way Use Permit. A Right -of -Way Use Permit shall be issued only in compliance with the rules and regulations set forth in this Article. In no event shall construction within the County right-of-way be allowed or permitted if it is detrimental to the public health, welfare and safety. B. Right -of -Way Use Permit Necessary. A Right -of -Way Use Permit is required for occupying, constructing or excavating facilities within, and for encroaching upon, any County right-of-way. C. No Work Without Right -of -Way Use Permit. No person or entity may occupy, construct or excavate within any County right-of-way or easement, or encroach upon any County rights -of -way or easement, without first having obtained a Right -of -Way Use Permit from the Department of Public Works. In addition, no person or entity may excavate, construct or occupy the County right-of-way beyond the date or dates specified in the permit unless. (1) the person or entity requests a written extension before the expiration of the initial permit, and (2) a new permit or extension is granted. Sec. 8-13-40. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: PAGE 2 2018-4154 ORD2018-10 WELD COUNTY /Z/9 CODE ORDINANCE 2018-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld. State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County. Colorado, and WHEREAS, the Board of County Commissioners on December 28 2000. adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld. including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption. and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures. terms, and requirements therein NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld. State of Coloradothat certain existing Chapters of the Weld County Code be. and hereby arerepealed and re-enacted, with amendmentsand the various Chapters are revised to read as follows CHAPTER 12 LICENSES AND PERMITS Delete ARTICLE IV - Right -of -Way Use Permit Policy, in its entirety, and move to Chapter 8 with amendments. CHAPTER 8 PUBLIC WORKS Add ARTICLE XIII - Right -of -Way Use Permit Policy. Sec. 8-13-10. General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way PAGE 1 2018-4154 ORD2018-10 RIGHT-OF-WAY USE PERMIT The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special districts constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; aed-for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors, such ask surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained gravel and paved roads, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee is prohibited from changing the use of the Project in any way without first obtaining a new permit. SUBMITTAL REQUIREMENTS 1. Complete application. Permittee must submit a complete Right -of -Way Use Application and include required submittals for review and consideration of its Project. If the Project is approved, a Right -of -Way Use Permit will be issued to the Permittee. It is the Permittee's responsibility to inform its Contractor of all Permit requirements, Provisions, and attached Special Provisions. 2. Drawing,2lan set, and map,. A drawing, plan set and map are required to be submitted with the Application. Detailed plan(s), sketch, and/or map(s) showing the work location and roadway, edge of roadway, County ROW lines, at least one crossroad, and a legend. It is preferred, that drawings be 11x17 or capable of being printed out in 11 x 17. All underground installations must include a cross section typical showing depth of line being installed per County requiremen's based on the lowest point of the County ROW and show the County ROW width. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. 3. Traffic Control Plan. A Traffic Control Plan (TCP) or Method of Handling Traffic (MHT) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) in drawing form; narratives will not be accepted. (a) Flaggers shall be required at any locations where there is encroachment into a travelling lane. (b) Full road closure requests must be prepared by and signed by a Traffic Control Supervisor (TCS). (c) Full road closures exceeding three (3) days shall require approval of the Board of County Commissioners. 4. Insurance. Permittee and/or its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its sub -contractors, members of the public who use the right-of-way associated with the Project, and Weld County, Colorado, from claims for bodily injury, death, or property damage which may arise from the construction of the Project, or caused by the facilities which are constructed as permitted herein. The Board of County Commissioners of Weld County, Colorado, its officers, and employees must be named as an "Additional Named Insureds" in all liability insurance policies secured by the Permittee and/or its Contractor. The following insurance policies and amounts are required. Certificates of insurance evidencing such policies shall be delivered to the Weld County Department of Public Works. (a) Statutory Worker's Compensation. (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 Page 5 of 12 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: I Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Bonding and Surety. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Department of Public Works contract prices for the performance of such work. Said collateral shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Department of Public Works. Whether or not covered by a bond, Permittee shall reimburse Weld County for all expenses incurred by it as the result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit in a workmanlike manner. 6. Geotechnical Submittals. The Weld County Department of Public Works reserves the right to request from Permittee geotechnical submittals if deemed necessary. The grant of this Permit is conditioned upon Permittee's and its Contractor's compliance with the General Provisions, Construction Provisions, Pipeline Provisions (if applicable), and General Matters set forth below. By accepting this Permit, Permittee and its Contractor agree to comply with the terms and conditions set forth herein. GENERAL PROVISIONS 1. Permit Required. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions listed as item number 12). (b) Contractor must have a copy of this Permit on site during construction of the Project. (c) This Permit requires completion of construction within three (3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the permit expiresexpiration of three f3) months. All applicable fees must be paid before extension will be issued. 2. Inspection. Inspection of work performed in Weld County right-of-way is required. The Weld County Department of Public Works must be notified 48 hours prior to commencing all work within Weld County right-of-way. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 3. Additional Permits. Permittee shall be responsible for obtaining all other state, federal, or local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Department of Public Works. 4. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. S. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time. 6. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's right-of-way and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of-way. Weld County must approve location prior to construction. Page 6 of 12 a • t Cheryl Hoffman From: Sent: To: Subject: Attachments: Esther Gesick /041% /IF' It Monday, December 17, 2018 10:03 PM Cheryl Hoffman FW: Weld County Proposed ROW Code Changes & Response Letter ROW Code - Response to COCA 12.17.18.pdf; Changes to ROW Code Language 12-17-19.pdf; Changes to Permit (8-P) 12-17-19.pdf Esther E. Gesick Clerk to the Board 1150 O Street / P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attac-ied documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dawn Anderson Sent: Monday, December 17, 2018 6:04 PM To: Ryan Seastrom <Ryan.Seastrom@coga.org>; Christy Woodward <christy.woodward@coga.org> Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: Weld County Proposed ROW Code Changes & Response Letter Ryan / Christy, Please see the attached letter with responses to the questions that you sent regarding our proposed ROW code changes. These responses are those that were discussed during the work session held on Tuesday, December 11th. I have also attached some additional proposed changes that we will be presenting on Wednesday. These are in reference to questions posed by your members regarding parallel installations within non -maintained ROW. Please let me know if you have any questions prior to Wednesday. If not, I look forward to seeing you at the Board meeting. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: dranderson@weldgov.com 1 oZcig- 767,5 Office: (970) 400- 3736 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Sec. 8-13-10. - General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; and for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors such as surrounding population density, topography, or providing access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. This Policy shall apply within all unincorporated areas of the County. RIGHT-OF-WAY USE PERMIT The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special districts constructing and burying lines either crossing or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; and for fresh water above -ground transfer pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors such as surrounding population density, topography, or providing access to a recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained gravel and paved roads, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee is prohibited from changing the use of the Project in any way without first obtaining a new permit. GENERAL PROVISIONS 1. Permit Required. (c) This Permit expires requires completion of construction within three (3) months from date issued unless otherwise stated, The Permittee may apply for an extension if work is not completed before the permit expires expiration of three 3) months. All applicable fees must be paid before extension will be issued. Formatted: Font: Bold Formatted: Centered Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Cheryl, Dawn Anderson Tuesday, November 20, 2018 11:55 AM Cheryl Hoffman Esther Gesick; Elizabeth Relford ROW Code Changes New Chapter 8 Article 13 Right -of -Way Use Permit Policy.doc; ROW Permit Application with Bruce's changes.docx Attached are our proposed code changes for Chapter 12 (going into Chapter 8). I have also attached an updated application. As I mentioned earlier we are still updating the application a bit. I will send a new updated one this afternoon. This version still has the current fee schedule and as you know Public Works had a work session with the BOCC last week to include proposed fee changes to the ROW permit into the second reading also happening on Monday. It was my understanding that you have what you need for the fee portion but if I am mistaken please let me know. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: dranderson@weldgov.com Office: (970) 400- 3736 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2018-3783 1 CHAPTER 8 - PUBLIC WORKS. ARTICLE XIII - Right -of -Way Use Permit Policy. Sec. 8-13-10. - General. The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private companies, municipalities and/or special district constructing and burying lines either crossing or running paralle within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of "public utilities" that are defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holdin g current Certificates of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; and for fresh water above -ground transfer pipelines. Public right-of-way subject to regulation by the Right -of -Way Use Permit includes Weld County's maintained and non - maintained right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to occupy designated County right- of-way. The Permit authorizes excavation, surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon completion of the Project. right of way or easements and provide for the subsequent restoration upon completion. This Policy shall apply within all unincorporated areas of the County as of the effective date of this Article. Sec. 8-13-20 - Purpose. This Article recognizes the importance of protecting the health, safety and welfare of the traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County's right-of-way. This Article d-escribes the mini -mum requirements for alleviating damages to the Coy-nty i4gtt of way for occupying, obstructi-ng or any construction along, across Sec. 8-13-30. - Regulation of work in County right-of-way. A. Issuance of Right -of -Way Use Permit. A Right -of -Way Use Permit shall be issued only in compliance with the rules and regulations set forth in this Article. In no event shall construction within the County right-of-way be allowed or permitted if it is detrimental to the public health, welfare and safety. B. Right -of -Way Use Permit Necessary. A Right -of -Way Use Permit is required for occupying, constructing or excavating facilities within, and for encroaching upon, any County right-of-way or easement. C. No Work Without Right -of -Way Use Permit. No person or entity may occupy, construct or excavate within any County right-of-way or easement, or encroach upon any County rights of way or easement, without first having obtained a Right -of -Way Use Permit from the Department of Public Works. In addition, no person or entity may excavate, construct or occupy the County right-of-way or easement beyond the date or dates specified in the permit unless: (1) the person or entity requests a written extension before the expiration of the initial permit, and (2) a new permit or extension is granted. 7 nd matntatn that portion of the fight Way Permit. Caution of 8-13-40 . - Definitions. Sec. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Contractor means any party performing the installation and construction for a permit holder Permittee who obtains a permit pursuant to this Article. A Contractor may be a permit holder Permittee under this definition. Lines means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. Permit Holder Permittee means the owner, operator, person and/or entity constructing, excavating or occupying the County right-of-way who has obtained a permit pursuant to this Article. Right -of -Way means a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a roadway or highway whether maintained or not -maintained by Weld County. The term is used as both singular and plural. a strip of land that _ easement or Sec. 8-13-50. - Right -of -Way Use Permit application. Complete Application Required. Applicants shall file a complete application for a Right -of -Way Use Permit. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be $ considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is determined to be incomplete may or may not retain its same processing cycle. The Right -of -Way Use Permit and Application are found in Appendix 8-P, the terms and conditions of which are incorporated into this Article. Sec. 8-13-60. - Application review, Right -of -Way Use Permit issuance, permit expiration and permit extension. A. Review Process. The application and other data filed by an applicant for a Right -of - Way Use Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws. If the Department of Public Works finds that the work described in an application for a Right -of -Way Use Permit conforms to the requirements and regulations set forth in this Article, meets the requirements defined in the Department of Public Works Design Standards and Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Right -of - Way Use Permit shall be issued to the applicant. Criteria upon which the Right -of - Way Use Permit shall be considered include, but are not limited to, the following: 1. Safety: Occupation within the County right-of-way must not create a safety hazard to the travelling public. 2. Constructability: All construction or excavation within the County right-of-way must be able to be performed according to general construction practices. B. Changes in Approved Permit. An approved Right -of -Way Use Permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All work shall be done in conformance with the approved Permit. C. Permit Limitations. An approved Right -of -Way Use Permit requires the Permit Holder Permittee to meet certain permit specifications and general engineering standards when working within the Weld County right-of-way. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. Reasonable care should be used to avoid damaging the existing roadway. The issuing and granting of the Right -of -Way Use Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the County. D. Indemnification. The Permittee Permit Holder, its agents, employees, subcontractors, Contractors and assigns, hereby agrees to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction, installation, maintenance, alteration, removal or presence of the lines installed and/or constructed herein referred to or any work or facility connected therewith, within the area covered by this permit; excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of the County, the agencies thereof or its officers and employees. The Permittee Permit Holder fully understands that all line installation, construction and relocation will be performed at no expense whatsoever to the County. E. Permit Expiration. Every approved Right -of -Way Use Permit shall expire if the work authorized by the permit is not substantially begun within three (3) months from the date of the permit issuance or if the construction of work authorized by the permit is suspended or abandoned for a period of one (1) year at any time after the work has begun. Before work can begin or be resumed, the permit must be reissued by the Weld County Department of Public Works. F. Permit Extension. Any Permittee Permit Holder with an unexpired Right -of -Way Use Permit may apply, in writing, for an extension of the time within which work may begin under that permit if the Permittee Permit Holder is unable to begin work within the time required for good cause, and that the cause is acceptable to the County Department of Public Works. There shall be an extension fee assessed to cover administrative costs. Weld Sec. 8-13-70. - County authority. A Right -of -Way Use Permit is considered to be a license for use of the County right- of-way. The Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of the Permittee Permit Holder to properly execute the work in accordance with this Article. The Weld County, notwithstanding the issuance of any permit or construction in the Weld County right-of-way, reserves the right to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining roads or right-of-way, without compensating the owner. Sec. 8-13-80. Permit Holder Permittee 's general responsibilities. A Permit Holder The conditions set forth in Permittee is responsible Appendix 8-P to comply with all of the terms and the Right -of -Way Use Permit found in will protect them, their subcontractors and the County from cl injury, death or orope damage which may arise from the excavation, It B. Bon g and Surety. If deemed necessary by the Department of Public Works, amount -Few -red to restore event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost of restoring the County rights of way. and repair any line install regulations, condi#io-n-s• arrant the right of way which ermit. The Permit Holder is responsible for :he location of all either side of the right of way. Sec. 8-13-90. - Inspections. A. Inspection of work performed within the Weld County right-of-way, pursuant to an approved Right -of -Way Use Permit, is required. Inspections during the construction period will be made by the Weld County Department of Public Works to ensure that work is progressing in compliance with the Permit. It shall be the responsibility of the Permit Holder Permittee to provide safe access to the work site for the Department and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work. At the time of inspection, the Department may order the immediate termination of any work which poses a serious threat to the life, health, safety or well-being of the public. B. It shall be the responsibility of the Permittee Permit Holder to notify the Department of Public Works when work is ready for inspection. The Department requires that every request for inspection be received at least forty-eight (48) hours before such inspection. Such requests may be made by telephoning, emailing or faxing the Department. The presence of Department employees on -site shall not guarantee or qualify the Permit Holder Permittee's performance. The approved permit must be available on -site for review by Department staff. Failure to comply will result in suspension of the Permit. C. The Department of Public Works may make or require other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder Permittee's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permittee Permit Holder. Certain types of work may have continuous inspection and when large-scale projects exceed the ability of the Department to provide inspection, the Permittee Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department prior to issuance of the Permit. Sec. 8-13-100. - Administrative fee. All required fees shall be paid in full at the time of the permit application. The fee schedule for Right -of -Way Use Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the permit. If the applicant objects to the denial of a permit application by the Weld County Department of Public Works, or objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in accordance with the procedures detailed in Section 12-4-110, below. Sec. 8-13-110. - Appeal of denial of Right -of -Way Use Permit. If an application for an Right -of -Way Use Permit is denied by the Weld County Department of Public Works, or if the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Sec. 8-13-120. - Failure to comply. A. The issuance of the Right -of -Way Use Permit based on plans, specifications or other data shall not prevent the Weld County Department of Public Works from requiring the correction of errors in the plans, specifications and other data or from stopping excavation or construction operations being conducted in violation of this Article or any other regulations of the County. Failure of the applicant to comply with any of the terms and conditions of the Right of Way Use Permit shall be sufficient cause for cancellation of the permit. B. The Permittee Permit Holder shall correct any unsatisfactory work including, but not limited to, defects in removal, replacement or patching. If the Permittee Permit Holder fails to restore the Weld County right-of-way in the manner and to the condition required by the Weld County Department of Public Works or fails to satisfactorily and timely complete all restorations required by the Department, the County shall have the right to perform the restorations at the expense of the Permittee Permit Holder. C. The Weld County reserves the right to require relocation of any facilities within the dedicated right-of-way at any time without compensating the owner. If the Contractor or Permittee permit holder does not perform the required relocation within four (4) months of notification from the Weld County Department of Public Works, no new permits will be issued from the Department of Public Works for the contractor until the relocation has been accomplished. Sec. 8-13-130. - Permit suspension or revocation. A. The Weld County Department of Public Works may deny, revoke or suspend any Right -of -Way Use Permit in order to protect the public health, safety, welfare and safe function of Weld County roadways. Permit Holders hold The grant of the Right - of -Way Use Permit to the Permittee is as a privilege, not a right. The County reserves its right to revoke any Right -of -Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the Permittee applicant, or whenever the Permit may have been issued in violation of any provisions of this Article. B. If the Weld County Department of Public Works determines that the Permittee Permit Holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any term or condition of the Permit, the Department shall notify the Permittee Permit Holder of their its suspension by either a phone call or a written demand, and the Permittee Permit Holder must then remedy the violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit. C. Within twenty-four (24) hours of receiving notification of the suspension, the Permittee Permit Holder shall contact the Weld County Department of Public Works with a plan of correction which must be accepted by the Department. The Permit Holder Permittee's failure to contact the Department, failure to submit an acceptable plan or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit and termination of work. Upon revocation of the permit the Permittee Permit Holder will be required to re -apply for a new permit and will be charged for any additional fees that may be applicable. Sec. 8-13-140. - Enforcement. A. Violations and Penalties. The Weld County, through the Weld County Department of Public Works or other departments so authorized, may enforce this Article through methods included in this Article or through other methods adopted by the Board of County Commissioners. B. Criminal Penalties. 1 It is unlawful to occupy, construct or excavate within any Weld County right-of- way or easement or encroach upon any County right-of-way or easement, unless a Right -of -Way Use Permit is first issued. Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such violation continues shall be deemed a separate offense. 2. Whenever the Weld County Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article, it shall give written notice to the violator to correct such violation within seven (7) days after the date of such notice Should the violator fail to correct the violation within such seven-day period, the department may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons One (1) copy each shall be retained by the Sheriffs Office and the Department and one (1) copy shall be transmitted to the Clerk of the Court The County may remove any obstruction or work not conforming to this Article during the pendency of the enforcement action 3 It is the responsibility of the County Attorney to enforce the provisions of this Section In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney 4 Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C R S , for any violation of this Article C Equitable Relief in Civil Action In the case of any violation of this Article, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation D Civil Penalties In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article, may be subject to the imposition, by order of the County Court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250 00), nor more than five hundred dollars ($500 00) It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article, the remedies set forth above, or both Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50 00) for each such day In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against real property E The Permit Holder should notify, prior to making or beginning excavation, all owners, operators, or association of owner and operators having underground facilities in the area of such excavation, in accordance with the requirements of Section 9 1 5 103(3), C R S Cheryl Hoffman From - Sent: To• Cc: Subject: Dawn Anderson Tuesday, November 20, 2018 2 06 PM Cheryl Hoffman Elizabeth Relford, Bruce Barker, Esther Gesick RE Cheryl, The application will be an appendix to the code, Appendix 8-P It is referenced in sections 8-13-50 & 8-13-80 Thank you, Dawn R Anderson Development Review Manager Weld County Public Works Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From. Cheryl Hoffman Sent: Tuesday, November 20, 2018 1 52 PM To: Dawn Anderson <dranderson@weldgov com> Cc: Elizabeth Relford <erelford@weldgov com>, Bruce Barker <bbarker@weldgov corn>, Esther Gesick <egesick@weldgov corn>, Cheryl Hoffman <choffman@weldgov com> Subject. I've talked with Esther and just to clarify, the Right of Way Use Application is just for information, correct? Typically, application forms are not codified to allow for ease of future edits Cheryl Hoffman Deputy Clerk to the Board Weld County Clerk to the Board Office 1150 O Street Greeley, CO 80631 970.400.4227 1 Confidentiality Notice his electronic transmission and any attached documents or other writings are intended only for the person or entity to hick it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the ommunication Any disclosure, copying, distribution or the taking of any action concerning the contents of this commu 'cation or any attachments by anyone other than the named recipient is strictly prohibited 2 EXHIBIT INVENTORY CONTROL SHEET Code Ordinance 2018-10, In the Matter of Repealing and Reenacting with Amendments, Chapter 8 Public Works and Chapter 12 Licenses and Permits (Right of Way Permits), of the Weld County Code Exhibit Submitted By A. Patrick Groom Description Letter of Concern B. Ryan Seastrom COGA Comments C. Dawn Anderson Response to Ryan Seastrom, COGA D. Christy Woodward Request for Continuance of 2nd Reading E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 2018-3783 Cheryl Hoffman From: Sent: To: Subject: Attachments: Bruce Barker Monday, December 17, 2018 2:15 PM CTB FW: ROW Permit Code Change 12-17-18 Letter to Bruce Barker.pdf For Wednesday's 2nd Reading of Code Ord. 2018-10. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Patrick Groom <PGroom@wobjlaw.com> Sent: Monday, December 17, 2018 12:27 PM To: Bruce Barker <bbarker@weldgov.com> Subject: ROW Permit Code Change Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Bruce: Attached please find a copy of the letter we discussed last week. Please let me know if you have any questions. Thank you. PATRICK M. GROOM, ESQ. Witwer, Oldenburg, Barry & Groom, LLP 822 7th St., Ste. 760 Greeley, CO 80631 (970) 352-3161 (970) 313-4776 - Direct (970) 352-3165 - Fax 1 WITWER, OLDENBURG, BARRY & GROOM, LLP Attorneys at Law 822 7th Street, Suite 760 Greeley, CO 80631 STOW L WITWER, JR R SAM OLDENBURG JOHNJ BARRY PA7 RICK M GROOM KENTA NAUGHTON JOSIAH D McLEOD Bruce T Barker, Esq Weld County Attorney PO Box758 1150 "O" Street Greeley, CO 80632 December 17, 2018 VIA ELECTRONIC MAIL RE Weld County Code Revisions Chapter 8, Right -of -Way Use Permits Dear Bruce TELEPHONE (970) 352-3161 FACSIMILE (970) 352-3165 SENDER'S EMAIL ADDRESS PGROOMfn WOB ILAW COM Thank you foi speaking with me last week regarding the proposed revisions to the Weld County Code regarding Right -of -Way Use Permits As I indicated during our conversation, I have concerns on behalf of DCP Operating Company, LP and other oil and gas operators concerning non -maintained right-of-way and parallel installations within such right-of-way In particular, I want to address concerns regarding restrictions on parallel installations within non -maintained rights -of -way reserved in the Resolution recorded on October 14, 1889 at Book 66, Page 273 of the iecords of the Weld County Clerk and Recorder It is my understanding that the County deems such lands as "dedicated or granted to and accepted by Weld County for transportation purposes " I appi eciate the County's desire to protect the public and ensure the safety of public rights -of -way However, the pi ohibition of parallel installations within non -maintained section line right-of-way may have unintended consequences for landowners In my clients' expel tence, landowners frequently prefer to have pipelines installed as close to section lines as possible in order to mitigate the impact on cultivated fields If pipelines cannot be installed within the thirty (30) feet reserved foi right-of-way adjacent to section lines, those pipelines may need to be constructed 45-60 feet or farther from the section line While I appreciate that the County does not know with certainty which section line i ights- of-way will be maintained in the futui e, I anticipate that many of the currently non - maintained section line rights -of -way will never be maintained Based upon the foregoing concerns, I request that the County consider addressing parallel installations by oil and gas companies of pipelines within non -maintained right-of- way differently from installations within maintained right-of-way For example, one approach would be to permit such installations for oil and gas pipelines but to require the relocation of the line if and when County commences maintenance of the tight -of -way WITWER, OLDENBURG, BARRY & GROOM, LLP Bruce T Baikei, Esq December 17, 2018 Page 2 As always, thank you for your consideration of these issues If you have any questions regarding these matters, please do not hesitate to contact me Very truly yours, WITWER, OLDENBURG, BARRY & GROOM, LLP 4 - Patrick M Groom PMG/sle Cheryl Hoffman From: Sent: To: Subject: Attachments: Bruce Barker Monday, December 17, 2018 2:16 PM CTB FW: Weld County ROW Code Ordinance 20181205_DRAFT- COGA Letter - ROW Amendments.pdf Comments from COGA regarding Code Ord. 2018-10. My understanding Dawn will be sending out a response letter today. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dawn Anderson Sent: Wednesday, December 05, 2018 2:45 PM To: Bruce Barker <bbarker@weldgov.com> Subject: FW: Weld County ROW Code Ordinance Bruce, Attached are the comments that I just received from COGA. I will work on a response for you but wanted to get you the comments ASAP. Let me know if you have questions. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Christy Woodward <christy.woodward@coga.org> Sent: Wednesday, December 5, 2018 2:40 PM To: Dawn Anderson <dranderson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Andrew Casper <Andrew.Casper@COGA.org>; Jason Maxey <Thaxey@weldgov.com>; Dan Haley <Dan.Haley@COGA.org> Subject: RE: Weld County ROW Code Ordinance I Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Dawn, Attached are COGA comments on the Weld County ROW Code changes. I have cc'd the folks to whom the letter is addressed as well. Please let us know if you have any questions and how we can get a few answers to the questions posed and get further participate in this process. Thank you! From: Dawn Anderson <dranderson@weldeov.com> Sent: Wednesday, December 05, 2018 11:25 AM To: Ryan Seastrom <Ryan.Seastrom@coga.org>; Christy Woodward <christy.woodward@coga.org> Subject: RE: Weld County ROW Code Ordinance Christy, I wanted to reach out as I know that Ryan is out of the office. Ryan had mentioned in his previous email that your members were asked to submit comments by end of day yesterday. I was hopeful that we could receive those comments today. Per direction of the Weld County Commissioners we scheduled a work session on December 11th at 11:00 a.m. to discuss any concerns that came from the COGA review. However, if the work session wasn't needed it would be cancelled. I need to send any comments/concerns from COGA on to our attorneys and the BOCC to determine if the work session is needed in a timely manner this week. Again, I am sure that you are busy but if you could please either send me the comments or let me know when I will receive them then I can pass that along as they have been asking if that time spot is still needed. Thank you, Dawn R. Anderson Development Review Manager 2 Weld County Public Works Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ryan Seastrom <Ryan.Seastrom@coga.org> Sent: Monday, December 3, 2O18 2:O8 PM To: Dawn Anderson <dranderson@weldgov.com> Cc: Christy Woodward <christy.woodward@coga.org> Subject: RE: Weld County ROW Code Ordinance Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Dawn, At the moment, I do not have any other questions. I have asked members to send me comments by EOD tomorrow and hopefully have them to the County by this Wednesday or Thursday. Cc'd on this email is my manager, Christy Woodward, who will be submitting the comments to the County. I will be out of town starting tomorrow until December 18 and will not have access to email or phone. Thank you for reaching out and please don't hesitate contact us with anything else. Thank you, Ryan Seastrom Community Outreach Coordinator Colorado Oil & Gas Association p: 303-861-0362 c: 720-788-9746 COLORADO OIL & GAS ASSOCIATION COCA Confidentiality Notice - This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is Strictly Prohibited. If you have received this transmission in error, please contact the sender and delete the communication and its attachments immediately. Thank you. From: Dawn Anderson <dranderson@weldgov.com> Sent: Friday, November 3O, 2O18 4:32 PM To: Ryan Seastrom <Ryan.Seastrom@coga.org> Subject: Weld County ROW Code Ordinance 3 Good afternoon Ryan. I just wanted to follow up and see if you have any additional questions regarding the information that I sent you or if you had an idea when I might see some comments. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: dranderson@weldgov.com Office: (970) 400- 3736 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 COLORADO OIL&GAS ASSOCIATION VIA EMAIL — NO ORIGINAL TO FOLLOW Weld County Public Works Jay McDonald Elizabeth Relford Dawn Anderson Weld County Public Works 1 1 1 1 H Street, Greeley, Colorado 80632 P.O. Box 758 Greeley, Colorado 80632 1800 GI.ENARM PLACE SUITE 1100 DENVER, CO 80202 Phone 303.861.0362 WWW.COGA.ORG December 5, 2018 RE: Weld County Proposed Changes to Weld County Code Ordinance 201810, Chapter 8, Article XIII — Right -of -Way Use Permit Policy — Second Reading 12/19/2018 Dear Mr. McDonald, Ms. Relford, and Ms. Anderson, The Colorado Oil & Gas Association ("COGA"), respectfully submits comments to Weld County for consideration regarding the County's proposed code changes to Chapter 8, Article XIII — Right -of -Way Use Permit Policy in advance of your second reading currently scheduled for December 19, 2018. Below and inset are several questions and items of concern that COGA has outlined with regarding this most recent code revision of the above referenced code. Most companies rely on the ROW information provided by the County's GIS department and accessible via the online maps on the County's website. However, this information is not always accurate and there does not seem to be a process in place for correcting this information when errors are found. Are there any plans to increase the accuracy of this information to assist applicants in determining if a ROW exists and the width of the ROW? Since the ROW -use application will be part of the code when this ordinance is adopted, will any future changes to the application necessitate a public -hearing process? This is of concern because many of the specific requirements that must be met when applying for a ROW -use permit are contained only in the application. One area of confusion that exists in the current ROW -use permitting process is how to handle crossings of ROW where no road currently exists ("section -line crossings"). The code and application do not specifically state that such crossings require a permit (see Section 8-13- 10). If the term "non -maintained right-of-way" is intended to include these crossings, it is recommended that this term be defined to include these crossings to eliminate any future confusion. Public works staff have indicated that a separate application will be required for each ROW crossing regardless if they are part of the same project. This makes sense for cases where a road will be crossed but — pending the resolution of the previous comment above — it is recommended that all crossings of ROW's where no roads exist for a single project be allowed in one application. Many natural gas/crude oil pipeline operators have significant mileage of existing pipeline located in County ROW' . It is critical that operators be allowed to obtain a ROW use permit in order to maintain, repair, and/or replace these lines, in accordance with the rights, duties, and obligations set forth in the original ROW grant or access agreement executed with the County for a particular line. For these existing lines, the terms of the original and pre-existing grant or access agreement must apply and govern the operator's activity and obligations in lieu of the draft ROW Use Permit General Provisions sec. 10 (permittee's financial responsibility to remove/relocate at own expense) and Sec. 12 (removal at County's request). An absolute prohibition on parallel installations may result in substantial and potentially irreconcilable conflicts with adjoining land uses, necessitating reroutes or other modifications that are impractical or infeasible. The prohibition on such installations in County ROW must include a standard and a process for seeking and obtaining a waiver to allow such installations under certain circumstances. COGA sincerely appreciates the opportunity to comment and participate as a stakeholder in the County's process to draft and implement code changes to improve the current Right -of -Way Use Permitting Process. COGA will again plan to participate in this process with the County and offer comments from industry as needed. Thank you for the opportunity to comment further and we look forward to continuing to work with the County in the future. Please consider COGA a resource and don't hesitate to contact our office with any questions you may have. Sincerely , Ryan Seastrom, Community Outreach Coordinator Colorado Oil & Gas Association cc: Tom Parko — Director of Planning Services Jason Maxey — Oil and Gas Specialist & Local Government Designee Andrew Casper — Colorado Oil and Gas Association Christy Woodward Colorado Oil and Gas Association Dan Haley — Colorado Oil and Gas Association Public Works Department 1111 H Street, PO Box 758 Greeley, Colorado 80632 Website: www.co.weld.co.us Phone: (970) 304-6496 Fax: (970) 304-6497 December 11, 2018 Colorado Oil and Gas Association Mr. Ryan Seastrom, Community Outreach Coordinator 1800 Glenarm Place Suite 1100 Denver, CO 80202 Dear Mr. Seastrom, Weld County Public Works received your letter dated December 5, 2018 which included six separate questions or items of concern in reference to the proposed changes to Weld County Code Ordinance 2018 - 10, Chapter 8, Article XIII — Right of Way Use Permit Policy. Weld County Public Works staff held a work session with the Board of County Commissioners (BOCC) on December 11, 2018 to discuss these items. This letter is to provide a written response to your concerns in advance of the scheduled second reading on December 19, 2018. Below are your questions or items of concern as written (italics) as well as the County response to those items. Most companies rely on the ROW information provided by the County's GIS department and accessible via the online maps on the County's website. However, this information is not always accurate and there does not seem to be a process in place for correcting this information when errors are found. Are there any plans to increase the accuracy of this information to assist applicants in determining if a ROW exists and the width of the ROW? All maps located on the Weld County website are for reference only and include the following disclaimer: "The information contained in the following pages was considered correct at the time of publication. Weld County reserves the right to make changes at any time without notice and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. Due to the timeliness of the information contained within this website, Weld County makes no warranties or guarantees, either expressed or implied, contained within as to the completeness, accuracy, or correctness of the information, nor accept any liability arising from any incorrect, incomplete or misleading information. Please call or visit a specific department for up-to-date information." Although these maps are in place to assist with research, they are not to be used in place of a contractor/developer securing a survey on their projects for verification of right-of-way. Page 1 of 3 Since the ROW -use application will be part of the code when this ordinance is adopted, will any future changes to the application necessitate a public -hearing process? This is of concern because many of the specific requirements that must be met when applying for a ROW -use permit are contained only zn the application Yes, any changes to the application would go through a three -reading public -hearing process with the exception of project specific special provisions One area of confusion that exists in the current ROW -use permitting process is how to handle crossings of ROW where no road currently exists ("section -line crossings ") The code and application do not specifically state that such crossings require a permit (see Section 8-13-10) If the term "non - maintained right-of-way" is intended to include these crossings, it is recommended that this term be defined to include these crossings to eliminate any future confusion A Right -of -Way Use permit is required for any construction activity or use within Weld County right- of-way regardless of it being maintained, non -maintained or if a road does or does not exist No further definitions will be necessary Public works staff have indicated that a separate application will be required for each ROW crossing regardless if they are part of the same project This makes sense for cases where a road will be crossed but — pending the resolution of the previous comment above — it is recommended that all crossings of ROW's where no roads exist for a single project be allowed in one application Public Works will be requiring a separate application for each ROW crossing However, if the crossing application is part of a larger overall project, and that project is designed in completion at the same time as a ROW permit is requested then only one set of construction drawings would be required A reference to the specific pages of those plans could be made on each permit Many natural gas/crude oil pipeline operators have significant mileage of existing pipeline located in County ROW It is critical that operators be allowed to a ROW use permit in to maintain, repair, and/or replace these lines, in accordance with the rights, duties, and obligations set forth in the original ROW grant or access agreement executed with the County for a particular line For these existing lines, the terms of the original and pre-existing grant or access agreement must apply and govern the operator's activity and obligations in lieu of the draft ROW Use Permit General Provisions sec 10 (permittee 's financial responsibility to remove/relocate at own expense) and Sec 12 (removal at County's request) Operators will be allowed to complete routine maintenance under the original agreement An exception would be a relocation, removal or replacement of pipe in which the pipe increases in size The purpose of a ROW permit is to also ensure the required traffic control plan/signage is appropriate and in place when work is occurring within the right-of-way for the safety of traveling public A ROW permit helps ensure the appropriate method of handling traffic (MHT) is submitted with the activity, even if it is just routine maintenance An absolute prohibition on parallel installations may result in substantial and potentially irreconcilable conflicts with adjoining land uses, necessitating reroutes or other modifications that are impractical or infeasible The prohibition on such installations in County ROW must include a standard and a process for seeking and obtaining a waiver to allow such installations under certain circumstances If Public Works staff denies a ROW permit application based on a request to run parallel within County ROW or for any other reason, the applicant may appeal this decision to the Board of County Commissioners per Section 8-13-110 Page 2 of 3 Weld County Public Works staff thanks you for your comments, feedback, questions and attendance at the work session this week Hopefully between the work session and this letter your items of concern are addressed Please let me know if you have any questions We look forward to seeing you at the second reading scheduled for December 19, 2018. Sincerely, Dawn R Anderson Development Review Manager Weld County Public Works -dranderson@weldgov coin Page 3 of 3 Esther Gesick From: Sent: To: Cc: Subject: Christy Woodward <christy.woodward@coga.org> Tuesday, December 18, 2018 11:38 AM Dawn Anderson; Ryan Seastrom Esther Gesick; Elizabeth Relford; Jay McDonald; Frank Haug; Bruce Barker; Andrew Casper RE: Weld County Proposed ROW Code Changes & Response Letter Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Dawn, We really appreciate your written response to our comments and I have forwarded this to members today and we are still getting some comments back; however, it is clear from preliminary comments I have received that we still have some concerns with this as proposed. We aren't necessarily objecting to these changes, but need more time to vet this and understand the practical implications. We would genuinely like to meet with staff in advance of a second reading and would request additional time to make that happen through a continuance of the second reading if possible? Specifically, our members need more time to review the application as proposed since it will be codified and difficult to change in the future. We are struggling to get into the meat of this due to the Holidays. We can request a continuance verbally tomorrow and likely will, but I wanted to reach out and give you a heads up and formally request a time for this meeting in early January? If a continuance is not possible, we would still like to meet with staff in advance of the third reading. Thank you very much again for your attention to this matter. From: Dawn Anderson <dranderson@weldgov.com> Sent: Monday, December 17, 2018 6:04 PM To: Ryan Seastrom <Ryan.Seastrom@coga.org>; Christy Woodward <christy.woodward@coga.org> Cc: Esther Gesick <egesick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: Weld County Proposed ROW Code Changes & Response Letter Ryan / Christy, Please see the attached letter with responses to the questions that you sent regarding our proposed ROW code changes. These responses are those that were discussed during the work session held on Tuesday, December 11th I have also attached some additional proposed changes that we will be presenting on Wednesday. These are in reference to questions posed by your members regarding parallel installations within non -maintained ROW. Please let me know if you have any questions prior to Wednesday. If not, I look forward to seeing you at the Board meeting. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works 1111 H Street PO Box 758 1 Greeley, CO 80632-0758 Email di anderson@weldgov corn Office (970) 400- 3736 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited 2 Hello