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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)
A. Authority Of City: The department may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the department may require. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives.
B. Basis For Directive: Any directive by the department shall be based upon the following:
1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the department to be structurally unsound or defective;
2. The facility or structure constitutes a "nuisance", as defined under state statute or city ordinance. (This section shall not, however, be deemed to diminish the vehicle impound authority of the Salt Lake County sheriff or other law enforcement services provider for the city.);
3. The authority under which the facility or structure was installed has expired or has been revoked;
4. The facility or structure is not in conformity with public improvements proposed for the area; or
5. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction.
C. Failure To Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the department shall be guilty of a misdemeanor as described in section 1.08.020 of this code, and promptly shall perform such alterations, modifications or relocation. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved. (Ord. 08-18, 7-17-2008)
A. Temporary Sidewalk Or Ramp: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with applicable standards for such.
B. Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.
C. Disturbance Of Property:
1. At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.
2. The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the city, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.
D. Acts Included: Examples of types of acts specifically included in this section are the following:
1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate equipment, sprinkler systems, cable or other appurtenances of the permittee;
2. Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee;
3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or
4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).
E. Water Flow Not Interrupted: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the department prior to the blockage of the channel.
F. Applicable To Subcontractors: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.
G. Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the department granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.
H. Newly Resurfaced And Reconstructed Roads: No permit shall be granted to excavate any road or highway that has been resurfaced or reconstructed within three (3) years prior to the date of the application for permit except in cases of emergency or as approved by the department upon such terms and conditions as the city engineer deems appropriate. The city shall make available upon request a schedule of the planned dates that roads in the city will be resurfaced.
I. Notification Of Emergency: Any permittee shall immediately notify the city of any emergency situations (including, without limitation, damages to pipes, lines or other underground apparatus of electrical, telephone, water or other utility service providers) caused by or resulting from such permittee's activities on a public way.
J. Markings: Any permittee marking the asphalt or concrete surfaces of any public way shall, subject to any applicable state law: 1) make such markings as unobtrusive as possible; and 2) use only paint or another marking material that disintegrates or otherwise is obliterated as soon as possible. (Ord. 08-18, 7-17-2008)
A. Required; Standards And Specifications: The permittee and any other person making any excavation or tunnel in or under any public way shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is abutting, including the gravel base material. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. All restoration shall conform to the engineering design and construction standards and specifications required in this chapter or otherwise adopted by the department and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the department. There shall be a penalty for each day after the time limits set forth in the permit that restoration is not accomplished. (Ord. 2015-02, 2-5-2015)
B. Responsibility Of Permittee: If, within the preceding three (3) years, the pavement to be excavated has been: 1) paved or repaved with asphalt, then the permittee shall be responsible for replacing the entire width of the excavated pavement from road edge to road edge and to a distance of six feet (6') from each side of the excavation with new asphalt to match the existing asphalt thickness plus one inch (1"), but in no case less than four inches (4") or more than six inches (6"); and slurry seal the entire width of the pavement surrounding the excavation from road edge to road edge and to a distance of twenty five feet (25') from each side of the excavation; or 2) resurfaced with slurry seal or chip seal, then, in addition to its other pavement restoration obligations under this chapter, the permittee shall be responsible for slurry sealing the entire width of the pavement surrounding the excavation from road edge to road edge and to a distance of twenty five feet (25') from each side of the excavation.
C. Suspension Of Operations: The director of the department has authority to suspend operations under excavation permits where, in his opinion based on standards from time to time adopted by the American Association Of State Highway And Transportation Officials (AASHTO), climatic changes would prevent proper restoration of pavement surfaces.
D. Failure To Comply: If the permittee fails to restore the surface of any public right of way to its original condition in accordance with the standards required in this chapter, the department may authorize and employ the necessary assistance to restore the surface to its original condition. The permittee promptly shall pay all expenses incurred to restore the surface. The department shall prepare an itemized statement of all expenses incurred in such restoration and shall deliver a copy thereof to the permittee and/or the bondholder.
E. Guarantee Term: All work by a permittee to restore the surface of any public right of way to its original condition shall be deemed guaranteed by the permittee for a period of two (2) years after such restoration is completed. If the city discovers defects in such restoration at any time within such guaranty period, then the city shall so notify the permittee and the permittee shall perform all necessary repairs within seven (7) business days after its receipt of such notice of defects from the city. If the permittee fails to so act, then the department may authorize and employ the necessary assistance to restore the surface to the required condition. The department shall prepare an itemized statement of all expenses incurred in such restoration and shall deliver a copy thereof to the permittee. The permittee promptly shall pay all expenses incurred by the city to restore the surface. (Ord. 08-18, 7-17-2008)
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