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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)
A. Permitted Excavations: No public way of the city shall be dug up or excavated and no approach, road, driveway, pole, pipeline, conduit, sewer, ditch culvert, advertising sign, or other structure or object of any kind or character shall be placed, constructed or maintained within any such public way except as permitted by and in accordance with the city's ordinances and regulations.
B. Application For Permit: Any person desiring to perform work of any kind in a public way within the city shall make application for a permit prior to beginning such work. Such application shall be filed with the department on a form or forms to be furnished by the city. Property owners and/or tenants for whom work is being done shall be responsible for obtaining the permits; provided, however, contractors may obtain the permit in the contractor's name.
C. Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the city, save and except the following:
1. Contractors licensed by the state as general contractors;
2. Public utility companies; (Ord. 08-18, 7-17-2008)
3. Property owners installing, replacing, or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the department, upon a portion of the public way abutting their residence; or (Ord. 2015-02, 2-5-2015)
4. Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings, and painting or cleaning of buildings or signboards or other structures.
D. Denial Based On Past Performance: The department may deny the issuance of permits to contractors, public utility companies, or other permit applicants who have shown by past performance that in the department's opinion will not consistently conform to the engineering design and construction standards or the requirements of this chapter.
E. Filing Of Plans And Specifications: When the department determines that it is necessary to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering design and construction standards, the city may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved. The city shall use its reasonable best efforts to review and respond to the permittee concerning such plans and sketches within five (5) business days after filing.
F. Commencement Of Work Without Permit Unlawful: It shall be unlawful for any person to commence work upon any public way until the department has approved the application and until a permit has been issued for such work, except as specifically otherwise approved in this chapter.
G. Appeal: The disapproval or denial of an application by the city community development director or other designee appointed by the city may be appealed by the applicant to the city council by filing of a written notice of appeal within ten (10) days of the date of the denial. The city council may hear such appeal, if written request therefor be timely filed as soon as practicable, and render its decision within a reasonable time following such appeal.
H. Limitation Of 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 hereunder, the department 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.
I. Exception From Permit Requirement: A permit is not required from the department for a city, county, state, federal, or other government employee to perform routine maintenance work, not involving excavations.
J. Hand Digging Excavations: A permit is not required from the department for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, conformance to the engineering design and construction standards is required. (Ord. 08-18, 7-17-2008)
A. Authorized: Any person maintaining pipes, lines, or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided, a permit could not reasonably and practicably have been obtained beforehand.
B. Notification To City During Business Hours: In the event that emergency work is commenced on or within any public way of the city during regular business hours, the department shall be notified within one-half (1/2) hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to the traffic barricade manual and other applicable laws, regulations, or generally recognized practices in the industry.
C. Notification To City Other Than Business Hours: Any person commencing emergency work in the public way during other than business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which city offices are open for business after such work is commenced. A permit for such emergency work may be issued which shall be retroactive to the date when the work was begun, at the discretion of the department. (Ord. 08-18, 7-17-2008)
A. Charges; Restoration Guarantee: The city shall charge and the applicant shall pay with the application for a permit, a fee in the amount set forth in title 3, chapter 3.35 of this code. The fees may be amended from time to time by the city council. (Ord. 2010-27, 12-9-2010)
In addition, all permittees shall post cash deposits, irrevocable letter of credit or bonds as set forth in section 14.16.130 of this chapter, the amount of which shall be determined by the department, but in no case less than three thousand dollars ($3,000.00). The amount shall be sufficient to reasonably ensure the proper restoration of the ground and the laying of pavement. Should the applicant fail to perform, the expense to the city of restoring the surface of the ground and pavement shall be deducted and the balance returned to the applicant without interest after the excavation and pavement is restored. The cash deposits, irrevocable letter of credit or bonds shall further guarantee the restoration of the work site for a period of two (2) years from the completion date of the restoration, reasonable wear and tear excepted. Settlement of trench backfill, road base, asphalt, and/or concrete will be incontrovertible evidence of inadequate compaction of backfill. (Ord. 08-18, 7-17-2008; amd. Ord. 2010-27, 12-9-2010)
B. Waiver: The city manager may waive the fees or penalties or portion thereof provided for in this chapter, when it determines that such fee or penalty:
1. Pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; or
2. Pertains to an encroachment on the public way involving a beautification project which furthers specific goals and objectives set forth in the city strategic plan, general plans, or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes, and landscaping.
C. Additional Charges: Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection, and work site restoration associated with each undertaking may be charged by the city to each applicant, in addition to the fee described above. (Ord. 08-18, 7-17-2008)
A. Term Of Permit: Each permit application shall state the starting date and estimated completion date. Work shall be completed within thirty (30) days from the starting date or as directed by the department. The city community development director or other designee appointed by the city shall be notified by the permittee of commencement of the work at least two (2) business days prior to commencing work. The permit shall be valid for the time period specified in the permit.
B. Extension: If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the department for an additional permit or an extension, which may be granted by the department for good cause shown.
C. Length Of Extension Subject To Approval: The length of the extension requested by the permittee shall be subject to the approval of the department in its sole discretion. (Ord. 08-18, 7-17-2008)
Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this chapter and under said permit. (Ord. 08-18, 7-17-2008)
A. Standards: The work performed in the public way shall conform to: 1) "City Of Holladay Road Cut Standards"; 2) other applicable engineering design and construction standards from time to time adopted by the department; and 3) the current edition of the "Manual On Uniform Traffic Control Devices".
B. Signage: Where a job site is left unattended, before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site, indicating the permittee's name, or company name, local telephone number of a responsible party, and after hours local telephone number of a responsible party.
C. Minimum Interference; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place, except where backfilling and resurfacing is to be done by the city; in which case the barricades, together with any necessary lights, flares or torches, must remain in place until the backfill work is actually commenced by the city. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The permittee shall notify: 1) the Salt Lake County sheriff (or other law enforcement services provider for the city); 2) the unified fire authority, and any other emergency services provider for the city at least twenty four (24) hours in advance of any planned excavation requiring street closure or traffic detour. (Ord. 08-18, 7-17-2008)
A. When City Permit Required: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the city limits, shall not be required to obtain permits from the city under the provisions of this chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any city permit shall not be construed to permit or allow work on a county road or a state highway within the city without an applicable county or state permit.
B. Authority Of City Regulation: The department shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this chapter shall be construed to impose any duty, implied or express, on the city or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the city, or arising out of any work performed on any public way owned or within the jurisdiction of the city. (Ord. 08-18, 7-17-2008)
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