The text
7-4A-1: - DEFINITIONS:#
As used in this article, the following words and terms shall have the meanings ascribed to them in this section:
APPLICANT: Any person who makes application for a permit.
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 corporation of Riverdale City, a municipal corporation of the state of Utah.
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 public works director.
EXCAVATION: Digging in, cutting into the surface of, or breaking the surface of any street, road, shoulder or highway in the city, with the exception of state highways.
FAILURE: A work site restoration which fails to meet the public works director's 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 to customers, all or part of the necessary system which uses the rights-of-way.
OPERATOR: Any person who provides service over a telecommunications 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 article.
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 drainageways. It does not, however, include utility easements not within public ways of the city.
PUBLIC WORKS DIRECTOR: The public works director or his/her authorized representative.
RESELLER: 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.
STORM DRAIN: A dedicated pipe, conduit, waterway or ditch installed in a rights-of-way or easement for the transmission of storm and drainage water. This term does not include private drain lines.
SYSTEM LESSEE: 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.
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.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-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 wires 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.
(Ord. 555, 1-20-1999)
7-4A-3: - APPLICATION FOR PERMIT:#
Application for a permit shall be filed with the public works director on a form or forms to be furnished by the city forty-eight (48) hours prior to the excavation. 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. A.
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.
Providers;
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 public works director, 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, awnings and painting or cleaning of buildings or signboards or other structures.
B.
Denial Based on Past Performance: The public works director 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 public works director they will not consistently conform to the engineering regulations, specifications, design standards or the requirements of this article.
C.
Plans May Be Required: When necessary, in the judgment of the public works director, 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 public works director 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.
D.
Approval Required Prior to Commencement: It shall be unlawful for any person to commence work upon any public way until the public works director has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this article.
E.
Appeal: The disapproval or denial of an application by the public works director may be appealed by the applicant by the filing of a written notice of appeal within ten (10) days of the action of the public works director. The chief administrative officer 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.
F.
Limited Authority of Public Works Director: 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 article, the public works director 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.
G.
Exceptions to Permit Requirements: A permit is not required from the public works director for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, these excavations are done at the risk of the excavators and conformance to all city specifications outlined in this article is required.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-4: - FEE FOR PERMIT:#
A.
Consolidated Fee Schedule: 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 the consolidated fee schedule set forth in subsection 1-12-6C of this code. Such costs 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.
Waiver: The public works director may waive permit fees or penalties or portion thereof provided for in this article, when he/she determines that such permit 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's strategic plan, master plans or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes, and landscaping.
C.
Additional Charges Authorized: 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. Additional fees shall be levied at the discretion of the public works director.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-5: - DEPOSIT REQUIRED:#
Before a permit is issued, the applicant shall furnish to the city a deposit in the amount set forth in the consolidated fee schedule set forth in title 1, chapter 12 of this code. If faithful performance of the work authorized by a permit granted pursuant to this article is maintained, the deposit shall be returned to the permittee. The permittee shall guarantee the materials and workmanship for a period of one year from completion of such work, with reasonable wear excepted.
(Ord. 555, 1-20-1999; amd. 2001 Code)
7-4A-6: - PERMIT PROVISIONS:#
A.
Duration; Extensions:
1.
Each permit application shall state the starting date and estimated completion date. Work shall be completed within five (5) days from the starting date or as determined by the public works director. 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:
a.
The scope of work to be performed under the permit;
b.
Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;
c.
Protecting the existing improvements to the public way impacted by the work;
d.
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;
e.
Use of the public way for extraordinary events anticipated by the city.
2.
The public works director 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.
3.
If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the public works director for an additional permit or an extension, which may be granted by the public works director for good cause shown.
4.
The length of the extension requested by the permittee shall be subject to the approval of the public works director.
B.
Transfer or Assignment Prohibited: 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 article and under said permit.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-7: - OTHER HIGHWAY PERMITS:#
A.
Applicability to City Permit Requirements: 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 article, 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 on a state highway within the city without an applicable county or state permit.
B.
Regulation by City Authorized: The public works director, in his or her discretion, 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 article 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. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-8: - COMPLIANCE WITH SPECIFICATIONS; SITE PERMITTEE IDENTIFICATION:#
A.
Compliance Required: The work performed in the public way shall conform to the requirements of the engineering regulations, design standards, construction specifications and traffic control regulations of the city, copies of which shall be available from the public works director, kept on file in the office of the city recorder and be open to public inspection during office hours.
B.
Identification at Site: 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, telephone number, and after hours telephone number.
C.
Manner of Excavations, Generally; 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. The permittee shall have a professional patching crew repair all road cuts. The permittee will be responsible for the patch for a period of one year. If the patch fails within one year, the permittee will be notified to replace the patch. If the permittee fails to replace the patch within ten (10) days, the city will use the deposit to replace the patch. If the patch remains functional for one year, the deposit will be returned. From sunset to sunrise, all excavations and intrusions into the rights-of-way shall be clearly and properly barricaded in accordance with the "Manual On Uniform Traffic Control Devices". The permittee shall notify the police department and fire department at least twenty-four (24) hours in advance of any planned excavation requiring street closure or traffic detour.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 815, 9-25-2012; Ord. 854, 5-6-2014)
7-4A-9: - RELOCATION OF STRUCTURES IN PUBLIC WAY:#
A.
Authority to Direct: The public works director 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 public works director may require as set forth herein. 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. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney fees.
B.
Conditions Authorizing: Any directive by the public works director shall be based upon one of the following:
1.
The facility or structure was installed, erected or is being maintained contrary to law or determined by the public works director to be structurally unsound or defective;
2.
The facility or structure constitutes a "nuisance", as defined under state statute;
3.
The permit under which the facility or structure was installed has expired or has been revoked;
4.
The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or
5.
The grades or lines of the public way are to be altered or changed.
C.
Police Power: Any directive of the public works director under this section shall be under and consistent with the city's police power. Unless an emergency condition exists, the public works director shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the public way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize cost associated with the required removal or relocation.
D.
Exception: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.
E.
Penalty for 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 public works director shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.
F.
Emergency; Action by City: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the city shall not be liable therefor to a person. The city shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-10: - IMPACT ON EXISTING IMPROVEMENTS:#
A.
Temporary Sidewalk or Curb 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 city standards for such.
B.
Paved Areas; 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.
Included Acts Specified: 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, 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.
Drainage Channels Free from Debris: 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 public works director prior to the blockage of the channel.
F.
Extension of Requirements: 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 city 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.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-11: - RESTORATION OF PUBLIC PROPERTY:#
The permittee shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the public works director.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-12: - EMERGENCY WORK:#
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.
During Business Hours; Notification: In the event that emergency work is commenced on or within any public way of the city during regular business hours, the public works director 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 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; Notification: 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. 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 engineering regulations, the "Manual On Uniform Traffic Control Devices" and other applicable laws, regulations or generally recognized practices in the industry. 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 public works director.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-13: - TAMPERING WITH TRAFFIC BARRICADES:#
It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down, remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site.
(Ord. 555, 1-20-1999)
7-4A-14: - FAILURE TO COMPLY:#
A.
Default in Performance:
1.
Any permit may be revoked or suspended and a stop order issued by the public works director, after notice to the permittee for:
a.
Violation of any condition of the permit, the security or of any provision of this article;
b.
Violation of any provision of any other ordinance of the city or law relating to the work; or
c.
Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.
2.
A suspension or revocation by the public works director, and a stop order, shall take effect immediately upon entry thereof by the public works director and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the public works director has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.
B.
Design Standards: For failure to conform to the design standards and regulations, the public works director may:
1.
Suspend or revoke the permit;
2.
Issue a stop order;
3.
Order removal and replacement of faulty work;
4.
Require an extended warranty period; and/or
5.
Negotiate a cash settlement to be applied toward future maintenance costs.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-15: - APPEAL OF SUSPENSION, REVOCATION OR STOP ORDER:#
Any suspension, revocation or stop order by the public works director may be appealed by the permittee by filing a written notice of appeal within ten (10) days of the action of the public works director with the city recorder. The city administrator shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render his/her decision within a reasonable time following filing of notice of appeal.
(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)
7-4A-16: - HOLD HARMLESS AGREEMENT; NONLIABILITY OF CITY:#
A.
The permittee agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this article shall constitute such an agreement by the permittee to this section.
B.
This article shall neither be construed as imposing upon the city, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this article; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work.
(Ord. 555, 1-20-1999)
7-4A-17: - CONFLICTING PROVISIONS:#
Should there be a conflict between the provisions of this article and the provisions of any other ordinance, agreement, franchise or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply.
(Ord. 555, 1-20-1999)
7-4A-18: - PENALTY:#
Unless otherwise specified in this article, a violation of any provision of this article, or failure to comply with an order of suspension, revocation or stop work, shall be a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this article.
(Ord. 555, 1-20-1999; amd. 2001 Code)