Encroachment/Excavation Permit
4-3-5 : Permit to Improve or Alter Public Street . (1) No person, firm, partnership, corporation, or organization of any kind, shall begin to construct, reconstruct, repair, alter, or grade, any sidewalk, curb, curb cut, driveway, gutter, irrigation ditch, or street, on the public streets of the City without first obtaining a permit from the Superintendent of the Street Department or his designee as provided in this Section.
(2) An applicant for a permit hereunder shall file with the Superintendent of the Street Department or his designee, an application showing the name and address of the owner or agent in charge of each parcel of property abutting the proposed work area, name and address of the party who will do the work, location of the work area, a plan showing details of the proposed alteration, estimated cost of the alteration, and such other information as the Superintendent of the Street Department or his designee shall find reasonably necessary to the determination of whether a permit should issue hereunder.
(3) The Superintendent of the Street Department or his designee shall issue a permit hereunder when he finds that the plans for the proposed operation have been approved by the Superintendents of the city utility departments which may be involved, that the work shall be done according to the standard specifications of the City for public work of like character, that the operation will not unreasonably interfere with vehicular and pedestrian traffic or the demand and necessity for parking places or the means of egress to and from the property affected and adjacent properties, and that the health, welfare, and safety of the public will not be unreasonably impaired.
(4) Before issuing any permit hereunder, the Superintendent of the Street Department or his designee shall require the applicant to do the following:
(a) File with the City Recorder’s office a copy of a valid contractor’s license issued by the state of Utah .
(b) File with the City Recorder’s office a certificate issued by an insurer acceptable to the City showing that the applicant has in force a policy of commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage, which names the City as an additional insured. Insurance coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If a general aggregate limit is used, either the general aggregate limit shall apply separately to the project or location or the general aggregate limit shall be twice the required occurrence limit.
(c) File with the City Recorder’s office a completion and restoration bond with sureties acceptable to the City guaranteeing completion of the work covered by the application and permit and restoration of the public right-of-way and improvements thereon. Such bond shall be in a minimum amount of $10, 000 and shall be increased by such amount as the Superintendent or his designee shall deem necessary to adequately protect the City, based upon the nature and extent of the work to be done.
(d) Pay to the City Treasurer the fees for such permit as may, for all work done on public property, from time to time be approved and adopted by a resolution of the City Council.
(5) All operations for which a permit is granted hereunder shall be under the direction and supervision of the Superintendent of the Street Department.
(1968 Code 4-1-17 ; amended in codification 1979; 1979 Code 4-3-5 ; amended by Ord. Nos. 10-85 and 12-97)
4-3-6 : Permit for Street Excavations. (1) No person, individual, firm, partnership, or corporation, or other organization shall open up or excavate, in or upon any public street or sidewalk, for any purpose, or in any manner commence any construction in or upon any public street or sidewalk, without first having procured from the Superintendent of the Street Department or his designee a permit for the specific construction to be undertaken, and no such construction shall be commenced, undertaken, or completed until the same has been approved and inspected by the Superintendent or his agent. The permit required by this paragraph shall be applied for and issued in accordance with paragraphs (2), (3), and (4) of Section 4-3-5 .
(2) It shall be unlawful for any person having made an excavation in any street, whether under a permit or otherwise, to fail, neglect, or refuse, for a period of 48 hours after notice to restore or replace said street to its normal condition. Any person violating the preceding sentence shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to punishment by a fine of not to exceed $1,000, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment.
(3) The replacement of any street or sidewalk must be made to standard City specifications.
(1968 Code 4-1-15 ; amended in codification 1979; 1979 Code 4-3-6 ; amended by Ordinance Nos. 10-85 & 12-97)