(A) Only the following persons shall be eligible to apply for and receive a right-of-way excavation permit:
(1) Contractors licensed by the State of Utah as general contractors;
(2) Providers;
(3) Property owners installing, replacing, or maintaining less than 500 square feet or 100 linear feet of sidewalk, curb, and gutter, or driveway approach, or other work approved by the City Engineer, upon a portion of the public way adjacent to their residence; or
(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, or awnings, and painting or cleaning of buildings or sign boards, or other structures.
(B) 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 property owner's name.
(C) Any person desiring a right-of-way excavation permit must first file an application on forms prepared and furnished by the City Engineer.
(1) Content. A complete application shall include:
(a) Application form contents:
1. Information regarding site ownership: contractor(s) that will conduct excavations and contact information for someone that will be available 24 hours a day and other relevant information.
2. Details of work to be conducted: All applications shall include excavation plans and details, showing the trench(es) detail including the length, width, and depth of the trench, the exact location and address of the trench(es) and the relationship of the trench(es) to the right- of-way lines, traffic lanes, intersections, signals, and structures.
3. To fully determine the relationship of the work proposed to existing or proposed facilities within public rights-of-way, 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.
4. Traffic control plan/measures - A traffic control plan, if required by the City Engineer.
5. Copy of city stormwater construction activity permit, if applicable and in compliance with Chapter 155: Stormwater Management.
6. For potholing, locations shall be indicated on a map and permittee must also provide machinery to be used, size, and depth of potholes and purpose(s).
(b) Bonds and insurance: All applications shall include the requisite, bonds and insurance certificates as more particularly set forth in this chapter.
(c) Remittance of fees.
(d) The City Engineer may require a mandatory on-site preconstruction meeting no later than 24 hours prior to work starting or earlier if a traffic control plan is required.
(2) Directional bore, additional requirements. Any person wanting to conduct directional bore work within the city shall be required to provide, in addition to the above, the following information:
(a) Plans. Engineered, detailed plans showing:
1. Locations of all excavations (including bore pits, vaults, hand-hold boxes, pedestals, etc.).
2. Bore path (dimensioned off of back of curb or sidewalk).
3. All utilities that are crossed or running in close proximity to the proposed bore.
4. These plans must either be produced by a company that currently has a franchise agreement with the city or stamped by a professional engineer licensed in the State of Utah.
(b) The applicant shall record, maintain, and provide copies of all bore logs to the city.
(c) All sanitary sewer laterals that are crossed by a directional bore shall be video inspected for damage after the bore and provided to the WHSSD Superintendent.
1. A video inspection may be required for other reasons at the discretion of the City Engineer or WHSSD Superintendent to verify that a city utility lateral or main has not been damaged in the process of the bore.
(d) Utility and infrastructure repairs. The permitee shall be responsible for damage or destruction to property and/or utilities during the course of construction, including pipelines, culverts, conduits, cabling, asphalt, and concrete pavement. Such damage must be repaired as soon as practicable and restored to a condition equal to or better than it was prior to initiating boring.
(e) Landscape restoration and repairs. In addition to any patching, pavement, or other restoration:
1. Landscaping at bore-pit locations or any other locations damaged or disturbed by contractor MUST be restored to a condition equal to or better than it was previous to the bore job; and
2. Any components of an irrigation or sprinkler system (pipe, control wire) that are damaged as a result of permitted directional bore work must be repaired immediately upon discovery. Testing of sprinkler (or irrigation) systems crossed by the bore is a requirement to finalize the permit and close out work.
(f) Mandatory preconstruction meeting. A mandatory on-site preconstruction meeting is required for all directional boring in the city at least 48 hours (two business days) prior to work starting.
(B) The City Engineer may require written notice to be provided to any resident or business within 500 feet of the center of trench. Additional public notice may be required if conditions warrant.
(C) 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 them 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.
(D) The decision by the City Engineer to issue a right-of-way excavation permit shall include, among other factors determined by the city, the following:
(1) The capacity of the public right-of-way to accommodate the facilities or structures proposed to be installed in the public right-of-way;
(2) The capacity of the public right-of-way to accommodate multiple wire in addition to cables, conduits, pipes, or other facilities or structures of other users of the public right-of-way, such as electrical power, telephone, gas, sewer, and water;
(3) The damage or disruption, if any, of public or private facilities, improvements, or landscaping previously existing in the public right-of-way; and/or
(4) The public interest in minimizing the cost and disruption of construction from numerous excavations of the public right-of-way.
(E) The City Engineer may deny the issuance of permits to contractors, utility companies, or other permit applicants 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.
(F) Appeals: The disapproval or denial of an application by the City Engineer may be appealed by the applicant to the City Manager in the following way:
(1) A written notice of appeal must be filed with the City Manager within five business days of the denial by the City Engineer.
(2) The City Manager shall set a date for an informal hearing to consider the appeal. The City Manager shall hold the informal hearing and shall allow the appellant to present evidence regarding whether an error occurred in the interpretation or implementation of this chapter.
(3) The City Manager shall render a written decision on the appeal within five business days of the informal hearing with the appellant.
(4) The City Manager shall uphold the decision of the City Engineer unless the City Manager finds that there has been an error in the interpretation or implementation of this chapter.
(5) Any decision of the City Manager issued hereunder may be appealed to the City Council by filing a written notice of appeal within ten business days from the date of the final decision issued by the City Manager.
(6) The City Council shall hear such appeal as soon as practicable, if the written request therefore is timely filed, and render its written decision within three weeks following notice of such appeal.
(7) The City Council shall uphold the decision of the City Manager unless the City Council finds that there has been an error in the interpretation or implementation of this chapter.
(8) A finding in favor of an appellant does not hold the city responsible for direct or indirect costs incurred by the permittee during the time the stop work order was imposed.
(Ord. 06-2024, passed 3-6-2024)