CHAPTER 10.12. - OBSTRUCTIONS ON PUBLIC RIGHTS-OF-WAY

Sec. 10.12.010. - Permits required for excavations, driveways, encroachments, and structures.#

1.

It shall be unlawful for any person, firm, or corporation to place, make, enlarge or change any excavation, driveway, encroachment or structure within the right-of-way for any city road without complying with the provisions of this ordinance and obtaining a permit as provided herein.

2.

It shall be unlawful, and punishable as provided for herein, to make any excavation or to place any encroachment or structure in any city right-of-way not described in the approved permit application or which exceeds in size the dimensions or which does not conform to the conditions described in said application.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.020. - Emergency conditions.#

Emergency excavations and encroachments may be made without prior permit if the reason for the excavation or encroachment is to prevent loss of life or damage to property which appears to be imminent if the action is delayed by waiting to secure said permits. In such emergency situations, those making the excavation or encroachment must contact the city road superintendent at the earliest possible time, but in no case later than the first working day following the emergency work in order to secure a formal permit. None of the provisions of these specifications are waived for emergency situations except for the prior permit requirement.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.030. - Winter season.#

No permits for excavation shall be issued during the winter season except in emergency situations of where the city road superintendent has determined that weather and ground conditions are such that satisfactory back filling and/or road repair may be completed or where applicant files a completion bond in double the amount called for in KMC 10.12.070. For the purposes of this section, "winter season" begins October 15th of each year and ends May 1st of the succeeding year.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.040. - Applications.#

Applications for all permits shall be made to the city road superintendent as provided and shall describe the location of the intended excavation, encroachment of structure, the pertinent dimensions thereof, the purpose therefor, the person, firm, or corporation doing the actual work and the name of the person, firm or corporation for whom or by which the work is being done and shall contain an agreement that the applicant will comply with all ordinances, laws and adopted standards of Kamas City and the State of Utah relating to the work to be done. The application shall also provide for an agreement that the applicant shall indemnify the city for any loss, liability, or damage that may result from or because of the making, placement, existence, or manner of guarding or constructing any such excavation, encroachment or structure.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.050. - Approval of applications.#

The city public roads director shall approve all permits and shall set conditions of approval where appropriate. Encroachment of city rights-of-way shall only permit the planting of grass or the placement of gravel or asphalt. Under no circumstances shall any fences, hedges, trees, landscaping rocks, lawn sprinkling systems, or other like structures be allowed on the city right-of-way. Any of said items shall be removed upon notice of the city road superintendent. In the event that the city must dig in the city right-of-way, any structures, landscaping, or asphalt placed in the city right-of-way without prior permit will be removed by the city and shall not be replaced.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.060. - Permits.#

All permits issued pursuant to this ordinance shall be valid for a period of 60 days, except that no permit shall extend into the winter season as outlined in KMC 10.12.030, unless compliance with said is made.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.070. - Fees.#

A review fee shall accompany each application for a permit in accordance with the current adopted fee resolution of Kamas City. Fees must accompany the application unless other payment arrangements have been approved by the road superintendent. Permits for work that has already been completed without prior approval, except emergency encroachments or excavations as outlined in KMC 10.12.020, shall pay an additional fee of $100.00.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.080. - Completion bond.#

Applicants shall file a completion bond with the city clerk in the amount set by the current adopted fee resolution of Kamas City for all excavations in the city right-of-way. This may be cash, a letter of credit from an F.D.I.C. insured financial institution, or a corporate surety bond. The bond shall be valid for a period of two years from the date of completion, to guarantee that the conditions of any permit together with any restorative work is completed properly. The bond will be released upon recommendation of the city road superintendent after the two-year period.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.090. - Supervision and inspection.#

The city road superintendent shall from time to time inspect or cause to be inspected, all work done pursuant to permits to insure the enforcement of the provisions of this title. Notification shall be given to the city superintendent at least 48 hours prior to the commencement of any work. The completion bond shall not be released without an inspection made to determine satisfaction of all applicable provisions of this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.100. - Failure to comply.#

In the event of failure on the part of any person, firm, or corporation to comply fully with the provisions of this ordinance, law enforcement authorities of Kamas City are authorized to: 1.

Initiate civil action by citation or information under KMC 10.12.110 and/or proceed to forfeit bond; or

2.

Give written notice to such person, firm, or corporation to remove such installation from the right-of-way. Such notice may be served either by personal service or by mailing the notice to said person, firm, or corporations by registered mail and posting a copy thereof on such installation for a period of ten days. If such installation is not removed within ten days after the notice is complete, said highway authorities may remove the same at the expense of the person, firm, or corporation and recover the costs and expenses, and also the sum of $300.00 for each day the same remained within the right-of-way after notice was complete, in an action for that purpose; or

3.

If such person, firm, or corporation disputes or denies the existence of such installation, or refuses to remove or permit its removal, said highway authorities may bring an action against such person.

(Ord. 2015-04, 11/10/2015)

Sec. 10.12.110. - Penalty.#

Any person who violates the provisions of this ordinance is guilty of Class C misdemeanor. Each day of a continuing violation shall be deemed a separate offense. Violators shall be cited in accordance with KMC 15.23 of the Zoning Ordinance, Violations and Penalties.

(Ord. 2015-04, 11/10/2015)