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Resolution 1996-23 Resolution Concerning the Regulation of Activities within County Road Rights-of-Way and Amending Resolutions 1979-4 and 1978-69. WHEREAS, pursuant to sections 42-4-510 and 42-4-511, C.R.S., as amended, San Miguel County is authorized to regulate the size and weight of vehicles traveling upon the County road system, and to require that vehicles which exceed size and weight restrictions obtain permits prior to using County roads; and WHEREAS, pursuant to section 42-4-510[3}, C.R.S., as amended, is authorized to issue or withhold permits for vehicles which exceed the size and weight limitations established by statute, and if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which vehicles may be operated on the County roads indicated or otherwise to limit or prescribe conditions of operation of such vehicles when necessary to protect the safety of highway users, to protect the efficient movement of traffic from unreasonable interference, or to protect the County roads from undue damage to the road foundations, surface, or structures and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any highway or highway structure, and WHEREAS, section 42-4-512, C.R.S., as amended, provides that no person shall drive, operate, or move upon or over any highway or highway structure any vehicles, object, or contrivance in such a manner so as to cause damage to said highway or highway structure, and such person shall be liable for any such damage caused regardless of the weight or size of the vehicle and whether or not the person has obtained a permit authorizing the activity causing the damage. Every person violating the provisions of section 42-4-512, C.R.S., shall be liable for all damage, which said highway or highway structure may sustain as a result of such usage or activity. Whenever the driver of such vehicle, object, or contrivance is not the owner of same but is operating, driving, or moving such vehicle, object, or contrivance with the express or implied consent of the owner, then the owner or driver shall be jointly and severally liable for any such damage, and WHEREAS, pursuant to section 43-2-111, C.R.S., as amended, the Board of County Commissioners is responsible for the construction and maintenance of the County road system. The County road supervisor is legally vested with the power to prevent damage to County roads from ditch overflows, insufficient or unsafe conduits, flumes, or ditches crossing such roads, the removal or disposition of any material injurious to such roads, unsafe railway or tramway crossings or any other cause which may arise and which comes under the jurisdiction of the Board of County Commissioners. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SAN MIGUEL COUNTY, COLORADO, AS FOLLOWS. A. Any person or persons, agents or employees of these persons must, prior to any excavation, or disturbance of any facet of a county road, right-of-way or appurtenance thereto, which is included on the County road system within the boundaries of the County of San Miguel, comply with certain restrictions as listed below. 1. All activities subject to this Resolution can be commenced only upon written approval of the Board of County Commissioners and/or that of the County Road Superintendent or his designated representative. Should the Superintendent fail or refuse to issue any permit applied for pursuant to this Resolution, the applicant for same may appeal such failure or refusal to the San Miguel County Board of Commissioners. Any such appeal shall be made in writing to the Board of County Commissioners, with a copy to the County Road Superintendent, and filed with the Board within ten days of the failure or refusal to grant a permit. Within ten days of the receipt of an appeal, the Board of County Commissioners shall schedule the matter to be heard at a noticed public meeting of the Board, to be held within thirty days of receiving the appeal. No less than five working days prior to the date at which the Board of County Commissioners is scheduled to consider an appeal the party filing the appeal shall be given written notice of the time, date, and place at which the appeal will be considered, and at which, evidence may be received from applicant, County Road Superintendent, and interested members of public. 2. Each and every activity other than normal public use of county roads, right-of-ways, and appurtenance will be considered as within the purview of this resolution. Activities not considered normal public use include, but are not limited to: (1) utility excavation, relocation, repair or placement of facilities, (2) private maintenance of county roads, (3) filming of commercials when road conditions are altered, (4) the operation of any vehicles, combination of vehicles, or equipment, upon a County road which exceed the size and/or weight restrictions set forth in sections 42-4-501, through 42-4-512, C.R.S., as amended, or the operation of any hauling estimated to be in excess of 3,000,000 pounds within a twelve month period beginning with the date of permit approval over a specified county road haul rote. 3. Each and every activity shall be considered a separate incident, and each will require bonding or the posting of other acceptable security according to the nature and scope of activity and to the satisfaction of the Board of County Commissioners and/or the County Road Superintendent. (See attached Schedule A – Bonding and Fees) The amount of bonding or other security must be adequate to cover all reasonably foreseeable damages as determined by the County Road Superintendent in accordance with the provisions of this Resolution. Note: The following activities may also require a County Development and/or Special Use Permit. a. utility extension over 1,000 feet b. any disturbance within 100 feet of wetlands c. hauling between 60,000 pounds and 3,000,000 pounds of material subject to Land Use Code requirements in a twelve month period. 4. In the event of damages being repaired by other than county personnel, all aspects of the work performed must be guaranteed as to the quality of workmanship and materials employed for at least one year from the date of completion of repairs. Completed repairs must be inspected and approved by the County Road Superintendent or his designated representative. 5. Each applicant, or their designee, involved in any of the above referenced activities must take all necessary precautions to protect the public from any danger attributable to said activities and must hold the County, its agents or employees harmless and free forever of all liabilities concerning the same. 6. In the event that the requirements herein are not satisfied at all times, by decision of the Board of County Commissioners and/or County Road Superintendent, the bond posted shall be forfeited, payable to the County, and those who failed to perform must pay any and all additional expenses incurred, including all legal fees, construction costs, and additional damages necessary and pertinent to the case. 7. All repairs must be made to return the road, right-of-ways, and appurtenances to a condition equal to or exceeding their pre-construction condition. 8. Special Conditions may be attached to the approved permit with said conditions becoming an integral part of the permit requiring full compliance at all times. Special Conditions may include, but are not limited to; hours and days of operation, dust control, designation of routes, speed limits, backfill requirements, traffic control requirements, revegetation, and any other condition deemed necessary by the County Road Superintendent or his designated representative including a requirement to provide a certificate of insurance from the contractor’s carrier naming San Miguel County as an additional insured in the following minimum amounts. a. Standard Workman’s Compensation and Employer’s Liability, including occupational disease, covering all employees engaged in the performance of work at the site, in the amount required by State Statutes. b. Comprehensive General Public Liability and Property Damage Insurance: Bodily Injury $150,000.00 per person Property Damage $600,000.00 each occurrence c. Comprehensive Auto Liability and Property Damage Insurance: Bodily Injury $150,000.00 per person Property Damage $600,000.00 each occurrence No hauling or any other activity will be allowed when road conditions, weather conditions or visibility make traveling hazardous to the operator or the traveling public. 9. Those performing work, upon notice by County Road Superintendent, or other designee, of failure to meet the standards and special conditions of this permit will immediately cease and desist from further action except protecting the public and public and private property from danger, until such notice is properly rescinded by County authority. Failure to fully comply with all conditions of the permit shall result in revocation of the permit and immediate stoppage of the work. 10. All emergency repair work done by county personnel within and upon a damaged area will be paid for by those having caused the damage at the County’s current rental rate schedule and without recourse on the County, its agents or employees. 11. The applicant will be responsible for documentation, including photos or video taping of before and after construction activity. Otherwise, the applicant agrees to complete repairs or reclamation to the satisfaction of Road Department personnel based on their before and after visual inspection of the site. 12. In the event this permit is issued for the purpose of hauling material, the County makes no guarantee that the approved haul route will be adequate and the applicant assumes responsibility for all necessary improvements as well as continued maintenance under the supervision of County authority for the duration of hauling. 13. The provisions of sections 42-4-501 through 42-4-512, C.R.S., as amended pertaining to the regulation of the size and weight of vehicles traveling upon public roads and highways, and establishing permitting fees and requirements for such vehicles, are incorporated herein by reference and shall apply to all vehicles, or combination of vehicles, traveling upon, or otherwise using, the public roads within the San Miguel County road system. 14. This Resolution is adopted for the purpose of protecting and preserving the public health, safety, and welfare. Should a court of competent jurisdiction find and declare that any specific provision or provisions of this Resolution are illegal, unconstitutional, or otherwise legally unenforceable, that specific provision or provisions shall be deemed to be severable from the remaining provisions of this Resolution, which shall remain in full force and effect. The provisions of San Miguel County Resolutions 1978-69 and 1979-4 are hereby repealed as of the effective date of this Resolution. This Resolution shall be legally effective immediately upon passage. 15. Issuance of a Special Construction Permit does not relive the permittee from obligation to comply with all applicable state statutes including, but not limited to 42-4-510, 42-4-511, 42-4-512, and 43-2-111 C.R.S. as amended. In addition, all permittees shall be subject to the provisions of 43-5-301 through 43-5-307 C.R.S., as amended. Passed this 28th day of May, 1996. BOARD OF COUNTY COMMISSIONERS /s/ Jim Craft, Chair