CHAPTER 3
EXCAVATIONS
SECTION:
7-3-1: Administrative Authority
7-3-2: Definitions
7-3-3: Permit Required; Basis For Issuance
7-3-4: Application For Permit; Requirements
7-3-5: Fees For Permit
7-3-6: Insurance Requirements
7-3-7: Bond Required
7-3-8: Duration Of Permit; Extensions
7-3-9: Compliance Required
7-3-10: Relocation Of Structures In Public Ways
7-3-11: Impact On Existing Improvements
7-3-12: Restoration Of Public Property
7-3-13: Transferability; Assignability
7-3-14: Other Highway Permits
7-3-15: Work Without Permit
7-3-16: Revocation Or Suspension; Stop Order; Default
7-3-17: Failure To Conform To Design Standards
7-3-18: Emergency Work
7-3-19: Nonliability Of Town
7-3-20: Appeals
7-3-21: Tampering With Traffic Barricades
7-3-22: Conflicting Provisions
7-3-23: Penalty
7-3-1: ADMINISTRATIVE AUTHORITY:
In approving or disapproving work within any public way, or permits therefor, in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this chapter, the town engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way. (2001 Code)
7-3-2: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
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 right 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 or storm water, 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 products or services for use by the general public.
PUBLIC WAY: Means and 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: Refers to 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 storm and drainage water. This term does not include private drain lines.
SYSTEM LESSEE: Refers to 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: The town of Hatch, a municipal corporation of the state of Utah.
TOWN ENGINEER: The town engineer or his/her authorized representative.
WORK SITE RESTORATION: Means and 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. (2001 Code)
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