CHAPTER 3
EXCAVATIONS WITHIN PUBLIC WAYS

SECTION:

7-3-1: Definitions

7-3-2: Permit Required; Basis For Issuance

7-3-3: Permit Application Requirements

7-3-4: Emergency Work

7-3-5: Fees For Permit

7-3-6: Permit; Contents, Duration And Extensions

7-3-7: Transfer Or Assignment Of Permit

7-3-8: Compliance With Specifications, Standards, Traffic Control Regulations; Site Permittee Identification

7-3-9: Other Highway Permits

7-3-10: Relocation Of Structures In Public Way

7-3-11: Impact Of Excavation On Existing Improvements

7-3-12: Restoration Of Public Property

7-3-13: Insurance Requirements

7-3-14: Bond; When Required, Conditions, Warranty

7-3-15: Hold Harmless Agreement; Limitations On Town Liability

7-3-16: Work Without Permit; Penalty

7-3-17: Failure To Comply; Default In Performance

7-3-18: Failure To Conform To Design Standards

7-3-19: Appeal Of Suspension, Revocation Or Stop Order

7-3-20: Tampering With Traffic Barricades

7-3-21: Conflict With Governing Provisions

7-3-22: Penalty

7-3-1: DEFINITIONS:

The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:

APPLICANT: Any person who makes application for a permit.

BUSINESS: Any place in the town in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.

EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services.

ENGINEERING REGULATIONS, REGULATIONS, SPECIFICATIONS AND/OR DESIGN STANDARDS: The latest version of the engineering regulations, specifications, design standards or criteria published or adopted by the town engineer.

FAILURE: A work site restoration which fails to meet town engineer specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period. Failure may be settlement of surfaces, deterioration of materials, or other surface irregularities. Measurement of failure shall be further defined in the engineering regulations.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights of way.

OPERATOR: Any person who provides service over a telecommunications system and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

PERMITTEE: Any person which has been issued a permit and thereby has agreed to fulfill the requirements of this chapter.

PERSON: Means and includes any natural person, partnership, firm, association, provider, corporation, company, organization or entity of any kind.

PIPE DRIVEWAY: A driveway approach which uses a pipe or other means to bridge the gutter.

PRIVATE DRAIN LINE: A pipe installed solely for the transmission of water collected or generated on private property such as drainage, spring water or stormwater, or condensate into the public drainage system.

PROPERTY OWNER: Person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.

PROVIDER: An operator, infrastructure provider, reseller, system lessee or public utility company.

PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the Utah state public service commission, or any mutual corporation providing gas, electricity, water, telephone, or other utility product or services for use by the general public.

PUBLIC WAY: Includes all public rights of way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways. It does not, however, include utility easements not within public ways of the town.

RESELLER: Any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights of way.

RESIDENT: The person or persons currently making their home at a particular dwelling.

STORM DRAIN: A dedicated pipe, conduit, waterway or ditch installed in a right of way or easement for the transmission of stormwater and drainage water. This term does not include private drain lines.

SYSTEM LESSEE: Any person that leases a system or a specific portion of a system to provide services.

TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased, or used by a provider located in the construction, ownership, operation, use or maintenance of a telecommunications system.

TOWN: Town of Alta, a municipal corporation of the state of Utah.

TOWN ENGINEER: The town engineer or his/her authorized representative.

WORK SITE RESTORATION: Includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes, but is not limited to, repair, cleanup, backfilling, compaction and stabilization, paving and other work necessary to place the site in acceptable condition following the conclusion of the work, or the expiration or revocation of the permit. (Ord. 1997-O-6, 12-11-1997)

7-3-2: PERMIT REQUIRED; BASIS FOR ISSUANCE:

Any person desiring to perform work of any kind in a public way within the town, shall make application for a permit. The decision by the town to issue a permit shall include, among other factors determined by the town, the following:

   A.   The capacity of the public way to accommodate the facilities or structures proposed to be installed in the public way;

   B.   The capacity of the public way to accommodate multiple wire in addition to cables, conduits, pipes or other facilities or structures of other users of the public way, such as electrical power, telephone, gas, sewer and water;

   C.   The damage or disruption, if any, of public or private facilities, improvements or landscaping previously existing in the public way;

   D.   The public interest in minimizing the cost and disruption of construction from numerous excavations of the public way. (Ord. 1997-O-6, 12-11-1997)