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Sections:
3.02.005 Purpose of Intent.
3.02.010 Permits and Licensing.
3.02.015 General Conditions.
3.02.020 Excavation Operations.
3.02.025 Environmental Control.
3.02.030 Guarantees.
3.02.035 Enforcement.
3.02.040 Development Safety.

3.02.005 PURPOSE OF INTENT.
The purpose of this Chapter is to describe Tremonton City’s Department of Public Work’s policies for issuing permits and to control any excavation and construction operations in the public way in Tremonton City. All contractors and utility companies proposing to construct, repair, or replace any facility within the public way, shall contact the Tremonton City Department of Public Works and complete all permit requirements including paying the permit fee amount set by resolution of the City Council prior to commencing proposed work as outlined in this Chapter.

A. Work by utility companies and contractors in constructing facilities in new subdivision streets shall not be required to obtain a “Public Way Permit,” but will still be subject to City inspection and compliance with subdivision requirements.

3.02.010 PERMITS AND LICENSING.

A. Permittee must be licensed with the State of Utah. Tremonton City requires that contractors desiring to perform work in the City’s public way shall be properly licensed in the State of Utah.

Exceptions: A license shall not be required by the City when permittee is a Pubic Utility Company.

B. Determining when “Permit Waivers” can be granted. Working within the public way without a permit violates this ordinance unless the permit is waived by the Public Works Department. Waivers can be granted by the Public Works Department when any of the following conditions occur:

1. When routine maintenance work which is being done by City, State, and utility personnel does not involve excavations in the City’s public way, i.e., crack sealing, street resurfacing and repair, snow plowing, sanding, sweeping, garbage collection, storm drain cleaning, leaves pickup, above grade work, etc.

2. When a permittee allows other contractors or utility companies to perform work in the permitted trench limits.

3. When utilities must be relocated or adjusted in conjunction with a City Public Works Department-sponsored project provided the utility work is being accomplished within one (1) week of the time the City or its contractor is scheduled to begin construction at that location and provided the work is coordinated and approved by the City’s Public Works Department.

C. Issuing No Fee Permits. The Public Works Department reserves the right to issue “No Fee Permits” for work in the public way when the following conditions are met:

1. When abutting property owners are repairing or replacing in kind any existing public facilities such as drive approaches, curb, gutter or sidewalk, construction of new facilities, or any combination thereof.

2. When utility companies are doing excavation work and such work is required in conjunction with a City Public Works Department project and the work is required to be accomplished prior to the execution of the Public Works Department contract.

3. When the City Public Works Department is repairing or maintaining public way facilities such as curbs, gutters, cross drains, storm drains, traffic facilities, driveway, sidewalk, etc., and such work requires excavation.

4. When frames and lids in paved surfaces are raised or lowered providing the work does not disturb the underlying road base material.

D. Revoking “Permit Waivers” and “No Fee Permits”. “Permit Waivers” and “No Fee Permits” will be revoked by the Public Works Department if the work is defective or requires action or supplemental inspection by the Public Works Department. In the revocation proceedings, the Public Works Department and City Manager shall serve written notice, which defines the problems encountered, and the time (at least one (1) day) the permittee has to correct the problem. If the work is not satisfactorily completed within the time specified, the “Permit Waiver” or the “No Fee Permit” shall be revoked. The permittee will be required to secure a Fee Permit before proceeding to complete the work.

E. Completion of work by City-Liability for costs. If the work is unduly delayed by the permittee, or if the public interest so demands, the Public Works Department shall do the work only after forty-eight (48) hour written notice (unless the public’s safety requires a lesser time) has been given to the permittee and the permittee fails to respond to the Public Works Department’s request. The actual cost of such work incurred by the City including an overhead charge in the amount set by resolution of the City Council shall be paid by the permittee.

F. Extending permit construction time limits. Subject to the Public Works Department’s approval, permits, which expire, may be extended by paying a permit extension fee in the amount set by resolution of the City Council. The length of the extension determined by the permittee shall be subject to the approval of the Public Works Department.

3.02.015 GENERAL CONDITIONS.

A. Utility Drawing Requirements. Whenever the work involves the extension, placement or the relocation of a utility facility, three (3) copies of the drawings shall be provided for the Public Works Department, which details the location and type of the proposed facility. Work involving maintenance of existing facilities or placement of laterals does not require a drawing.

B. Permit. When the work is in progress, the permittee shall have at the work site a copy of the permit and his/her contractor’s license number.

C. Emergency Work. Maintenance of pipelines or facilities in the public way may proceed without a permit when emergency circumstances demand the work be done immediately provided a permit could not reasonably and practicably have been obtained beforehand. In the event that emergency work is commenced on or within any public way of the City, the Public Works Department shall be notified within one-half hour when the work commences or as soon as possible from the time the work is commenced. If emergency work is commenced during off business hours, the Public Works Department shall be notified within one (1) hour of the start of work on the first regular business day on which City offices are open after such work commences, and, at the discretion of the Public Works Department, a permit may be issued which shall be retroactive to the date when the work was begun. Before commencing and while conducting emergency work, all necessary safety precautions for the protection of the public and the direction and control of traffic shall be taken. None of the provisions of these regulations are waived for emergency situations except for the prior permit requirement.

D. Private Access. Temporary, all weather roadways, driveways, walks, and right-of-ways for vehicles and pedestrians shall be constructed and continuously maintained where required.

E. Street Excavation in Winter. Excavation of City streets during the winter months (herein defined as November 15th to April 1st) will be allowed only if the work is a new service connection, required maintenance or emergency, or otherwise approved by the Public Works Department. Permanent patching of City streets excavated in the winter may be delayed until April 1st, provided the permittee provides/maintains a temporary untreated base course surface until such time as the permanent surfacing is accomplished. This provision applies regardless of whether the permittee or City crews are performing the permanent resurfacing.

F. Existing Utilities. The contractor shall use extreme caution to avoid a conflict, contact, or damage to existing utilities such as power lines, sewer lines, storm drains, street lights, telephone lines, fiber lines, television lines, gas lines, poles or other appurtenances during the course of construction of the project. Any such conflict, contact or damage shall be immediately communicated to the Public Works Department and Utility provider.

G. Preconstruction Photographs or Videotapes of Existing Public Way Improvements. The permittee may secure photographs of the condition of the existing public way improvements such as curbing, sidewalk, landscaping, asphalt surfaces, etc. In the event that public way improvements are damaged and no photographs or videotapes are taken, the Public Works Department will assume the correction of the damage is the responsibility of the permittee.

3.02.020 EXCAVATION OPERATIONS.

A. Blue Stakes. Before commencing excavation operations, the permittee shall call “Blue Stakes” at 1-800-662-4111 and the Tremonton City Public Works Department. Forty eight (48) hours notice is required.

B. Traffic Control Devices. Traffic Control Devices such as barricades and cones must be in place before excavation begins.

C. Protection of Paved Surfaces Outside of Excavation Area. In order to avoid unnecessary damage to paved surfaces, backhoes, outriggers, track equipment, or any other construction equipment that may prove damaging to asphalt shall use rubber cleats or paving pads when operating on or crossing said surfaces.

D. Open Trench Limits. Open trenches will be limited to two hundred (200) feet at a time.

E. State Highway Construction Requirements. Compliance with State Highway construction permit issuance, inspection, and operations is required.

3.02.025 ENVIRONMENTAL CONTROL.

A. Dust and Debris. The permittee or contractor shall keep dust and debris controlled at the work site at all times. If necessary, wet down dusty areas with water and provide containers for debris. The Public Works Director reserves the right to shut down the work or issue a fine if dust is not controlled.

B. Noise. The permittee or contractor shall keep neighborhood free of noise nuisance in accordance with the Noise regulation of Chapter 1.17 of Title I.

C. Cleanup. The permittee or contractor shall remove all equipment, material, barricades and similar items from the right-of-way. Areas used for storage of excavated material will be smoothed and returned to their original contour. Vacuum sweeping or hand sweeping shall be required when the Public Works Department determines cleaning equipment is ineffective.

3.02.030 GUARANTEES.

A. Street Maintenance. After completion of the work, the permittee shall exercise reasonable care in inspecting for and immediately repairing and making good any injury or damage to the public and private facilities resulting from defective work done under the permit. The obligation of the permittee to inspect and repair work done under the permit shall continue for a period of two (2) years following completion of said work, or in the event of repairs thereto, two (2) years from the date of said repairs.

1. Before commencing the work, the permittee shall identify any damaged public facilities in the vicinity of his work. Upon notice from the Public Works Department, permittee shall immediately repair any injury or damage to the public and private facilities as a result of the work done under the permit. In the event such repairs are not made by the permittee within forty eight (48) hours after written notice unless the public’s safety requires a lesser time, the Public Works Department is hereby authorized to make such repairs and charge all costs including the amount set by resolution of the City Council for overhead charge to the permittee. By acceptance of the permit, the permittee agrees to comply with the above.

B. City’s Protective Liability Insurance. The permittee indemnifies and holds the City harmless from and against any and all liability, damages, claims, demands, costs, and expenses of whatsoever nature, including court costs and counsel fees, arising from or growing out of any injury to or death of any person or persons, whomsoever, or for loss of or damage to any property whatsoever, (including loss or damage to the tools, plant, or equipment of the permittee) resulting directly or indirectly from the carrying on of the work herein specified, and to that end will purchase on the City’s behalf, City’s Protective Liability Insurance with $1,000,000.00 combine single limit.

3.02.035 ENFORCEMENT.Violators of these regulations of working within the Public Way shall be subject to the provisions of Title I Section 1.01.45 of the Tremonton City Ordinance.

3.02.040 DEVELOPMENT SAFETY.
 It shall be the responsibility of the developer and/or his/her development representative to maintain and enforce all Federal, State, and Local safety codes involved with the development.