7-5-1: DEFINITIONS:

APPLICANT: Any person who makes application for a permit.

APPURTENANCES: Miscellaneous concrete surfaces within the public way, such as parking bays and carriage walks.

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

CITY: The city of Ogden, a municipal corporation of the state of Utah.

CITY ENGINEER: The city engineer, or his/her authorized representative.

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 city engineer.

FAILURE: A work site restoration which fails to meet city 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 or other utility services to customers, all or part of the necessary system which uses the public way.

OPERATOR: Any person who provides service over a telecommunications system or other utility 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 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 drainage ways. It does not, however, include utility easements not within public ways of the City.

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.

SECURITY: A corporate surety bond, cash bond or escrow, letter of credit, or other security device, determined by the City.

STORM DRAIN: A dedicated pipe, conduit, water way, 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.

TRAFFIC BARRICADE MANUAL: The manual on proper barricading and traffic-control practices, published by or on file with the City Engineer.

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.

(1979 Code § 12.10.010; Ord. 97-70, 9-23-1970; amd. Ord. 97-75, 10-21-1997)

7-5-2: PERMIT REQUIRED; BASIS FOR ISSUANCE:

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

(1979 Code § 12.10.020; Ord. 97-70, 9-23-1970)

7-5-3: APPLICATION REQUIREMENTS:

   A.   Filing; Form: Application for a permit shall be filed with the City Engineer on a form to be furnished by the City.

   B.   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; or

      2.   Providers; provided, that all work shall be performed by a contractor licensed by the State as a general contractor, which contractor shall be adequately identified on the permit.

      3.   The City acting through its Public Works Department.

   C.   Denial Based Upon Past Performance: The City Engineer may deny the issuance of permits to applicants, including providers, who have shown by past performance that in the opinion of the City Engineer they will not consistently conform to the engineering regulations, specifications, design standards, or the requirements of this Chapter.

   D.   Engineering Plans: When necessary, in the judgment of the City Engineer, 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 regulations, construction specifications and design standards, the City Engineer 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.

   E.   Unlawful Commencement Without Permit: It shall be unlawful for any person to commence work upon any public way until the City Engineer has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this Chapter.

   F.   Appeal: The disapproval or denial of an application by the City Engineer may be appealed by the applicant to the Mayor, or the Mayor's designee, by filing of a written notice of appeal within ten (10) days of the action of the City Engineer. The Mayor, or the Mayor's designee, shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render his/her decision within two (2) weeks following notice of such appeal.

   G.   Authority Of City Engineer: 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 City 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.

   H.   Routine Maintenance Work: It shall be lawful for a City, County, State, Federal or other government employee to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor.

   I.   Exception To Permit Requirement: A permit is not required from the City Engineer for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, conformance to all City specifications is required.

(1979 Code § 12.10.030; Ord. 97-70, 9-23-1970)

7-5-4: EMERGENCY WORK:

   A.   Authority: 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 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 City Engineer shall be notified within one-half (1/2) hour from the time the work is commenced. Any person commencing such work shall immediately thereafter apply for a permit. 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 City Engineering regulations, the Manual on Uniform Traffic- Control Devices and other applicable laws, regulations, or generally recognized practices in the industry.

   C.   Other Than Business Hours: Any person commencing emergency work in the public way during other than business hours without a permit shall either 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 and apply for a permit as soon as practicable thereafter. 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 City Engineer.

(1979 Code § 12.10.040; Ord. 97-70, 9-23-1970)

7-5-5: FEE FOR PERMIT:

   A.   Required: The City shall charge and the permittee shall pay upon issuance of the permit, fees for costs associated with the work performed under the permit as outlined in Title 4, Chapter 6 of this Code. Such costs could include costs for reviewing the project and issuing the permit, inspections of the project, deterioration of the public way or diminution of the useful life of the public way, and other costs to the City associated with the work to be done under the permit. All costs shall be assessed in a nondiscriminatory manner.

   B.   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 permittee, in addition to the permit fee.

   C.   Exception: Permit fees shall not be applicable to work performed by or under contract to the City.

(1979 Code § 12.10.050; Ord. 97-70, 9-23-1970)

7-5-6: CONTENTS OF PERMIT; DURATION, EXTENSION:

   A.   Contents: Each permit application shall state the starting date and estimated completion date. If the permittee is a provider, the permit shall adequately identify the licensed contractor performing the work under the permit. Work shall be completed within five (5) days from the starting date or as determined by the City Engineer. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:

      1.   The scope of work to be performed under the permit;

      2.   Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;

      3.   Protecting the existing improvements to the public way impacted by the work;

      4.   The season of the year during which the work is to be performed as well as the current weather and its impact on public safety and the use of the public way by the public;

      5.   Use of the public way for extraordinary events anticipated by the City.

The City Engineer shall be notified by the permittee of commencement of the work within twenty four (24) hours 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 City Engineer for an additional permit or an extension, which may be granted by the City Engineer for good cause shown.

   C.   Length Of Extension: The length of the extension requested by the permittee shall be subject to the approval of the City Engineer.

(1979 Code § 12.10.060; Ord. 97-70, 9-23-1970)