SECTION:
14.16.010: Definitions
14.16.015: Annual Plan
14.16.020: Permit Application Requirements
14.16.030: Emergency Work
14.16.040: Fees
14.16.050: Permit; Contents; Duration And Extensions
14.16.060: Permit; No Transfer Or Assignment
14.16.070: Compliance With Specifications, Standards, Traffic Control Regulations; Site Permittee Identification
14.16.080: Other Highway Permits
14.16.090: Relocation Of Structures In Public Ways
14.16.100: Impact Of Excavation On Existing Improvements
14.16.110: Restoration Of Public Property
14.16.120: Insurance Requirements
14.16.130: Bond; When Required, Conditions, Warranty
14.16.140: Hold Harmless Agreement; Limitations On City Liability
14.16.150: Work Without Permit; Penalty
14.16.160: Failure To Comply; Default In Performance
14.16.170: Failure To Conform To Design Standards; Penalty
14.16.180: Appeal Of Suspension, Revocation Or Stop Order
14.16.190: Tampering With Traffic Barricades
14.16.200: Conflict With Governing Provisions
14.16.210: Violation; Penalty
14.16.220: Collection Of Expenses By Lawsuit
As used in this chapter:
ANNUAL PLAN: A proposed schedule with regard to the construction, maintenance or other similar activities planned by a proposed permittee within city limits for the then current calendar year which is submitted to the city in writing on or before January 31 of such calendar year.
ANNUAL PLAN PERMITTEE: A permittee who has filed with the city an approved annual plan; who is performing the work under the permit in strict accordance with such approved annual plan; and who is not otherwise in violation of any aspect of such approved annual plan.
APPLICANT: Any person who makes application for a permit.
APPURTENANCES: Miscellaneous concrete surfaces within the public way such as parking bays.
EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or property, or which causes interruption of utility or public services. "Emergency" shall include, without limitation, any war, general strike, earthquake, tornado, mudslide, avalanche or other act of God. "Emergency" shall not include, without limitation, any economic or financial concern (such as, for example, any projected increase in labor or material costs) facing the permittee from time to time.
ENGINEERING DESIGN AND CONSTRUCTION STANDARDS: The standards set forth in the latest version of the city construction standards manual published by the city engineer.
FAILURE: A work site restoration which fails to meet engineering design and construction standards, 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 design and construction standards.
NEWLY RESURFACED ROAD: A roadway that has been paved, repaved, overlaid, micro-overlaid, or chip sealed within the previous three (3) years.
PERMITTEE: Any person who has been issued a permit and thereby has agreed to fulfill the requirements of this chapter.
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 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.
PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the Utah state public service commission, or any business entity providing gas, electricity, water, telephone, communication or other utility product 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 city.
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.
TRAFFIC BARRICADE MANUAL: The "Manual On Uniform Traffic Control Devices" (MUTCD).
WORK SITE RESTORATION: Means and includes the restoring of the original ground or paved hard surface area to comply with engineering design and construction standards, and includes, but is not limited to, repair, cleanup, backfilling, compaction, 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. 08-18, 7-17-2008)
The annual plan will be used by the city to coordinate proposed excavation projects with the city's pending public works projects, construction/maintenance activities within city limits proposed by other proposed permittees, etc., in order to minimize disturbances to the citizenry and to protect the city infrastructure investment. On or before February 25 of such year, the city will either approve such annual plan or will provide the proposed permittee with any suggested revisions. The proposed permittee shall then have ten (10) days to object to the city in writing to any such proposed revisions to the annual plan as originally filed with the city. If the proposed permittee so objects, then the city and such permittee shall cooperate to formulate a mutually acceptable annual plan. The city acknowledges, however: a) the legal obligation of certain public utility providers to provide service to new developments; and b) that such a public utility may not have knowledge of proposed new developments in adequate time to include such work in the utility's annual plan for that calendar year. The failure by any such public utility provider to include such work in its annual plan shall not constitute a violation of its annual plan if the utility notifies the city immediately upon learning of the need to deliver its services to a new development. (Ord. 08-18, 7-17-2008)
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