Chapter 12.04 STREETS AND PUBLIC WAYS

It shall be unlawful for any person either as owner, agent, servant, contractor, or employee to construct a street or sidewalk which does not conform to specifications established by the town engineer or other authorized representative of the town unless special permission to deviate from such specifications is first obtained from the town council. [Code 1986 § 11-351.]

12.04.020 Permit required – Supervision.

A. No person, either as owner, agent, servant, contractor, or employee, shall construct any permanent sidewalk without first obtaining from the town council permission so to do. The permit shall specify that the sidewalk is to be constructed of cement, the character and quality of the cement, the consistent parts of the mixture, and the thickness of the walk.

B. It shall be unlawful to construct a sidewalk in violation of the specifications given by a proper town official.

C. All sidewalks shall be constructed under the inspection of the superintendent of streets or his duly authorized representative. [Code 1986 § 11-352.]

12.04.030 Construction of driveways or changes of construction.

It shall be unlawful for any person to construct a driveway across a sidewalk, or cut or change the construction of sidewalk, curb, or gutter, without first making written application and obtaining from the town council permission to do so. The granting of such permission shall be deemed an agreement on the part of such person to construct said driveway in accordance with specification furnished by the town. [Code 1986 § 11-353.]

12.04.040 Building materials in street – Permit.

It shall be unlawful for any person to occupy or use any portion of the public streets when erecting or repairing any building upon land abutting thereon, without first making application to and receiving from the town council permission for the occupation or use of such portions of streets for such periods of time and under such limitations and restrictions as may be required by the governing body. Any such permission may be revoked by the governing body at any time when the holder thereof fails to comply with any rule or regulation under which it is granted, or when, in the opinion of the town council, the public interest requires such revocation. [Code 1986 § 11-354.]

12.04.050 Placing or mixing sand or gravel on paved street or sidewalk.

Unless permission from the town council has been obtained, it shall be unlawful to:

A. Place or pile, or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete, or any like substance or mixture, or allow the same to remain on any portion of any paved street or sidewalk.

B. Make or mix or permit to be made or mixed any mortar, plaster, concrete or any like substance or mixture on any portion of any paved street or sidewalk. [Code 1986 § 11-355.]

12.04.060 Overflowing of water on public property.

It shall be unlawful for any person to allow water to overflow from any ditch, canal, well, or irrigation stream onto the streets, sidewalks or property of the town. [Code 1986 § 11-356.]

12.04.070 Irrigation ditches across sidewalks.

All owners or occupants of lots in this town who require water from a main ditch for irrigation or other purposes shall dig ditches, erect flumes, lay pipes and install culverts, as needed, and maintain the same to convey water under sidewalks to or from their respective lots. All culverts, ditches, pipes and flumes conveying water under sidewalks shall meet such reasonable standards and specifications as may be established by the superintendent of streets. [Code 1986 § 11-357.]

Article II. Sidewalk Regulations

12.04.080 Removal of snow.

A. It shall be unlawful for the owner, occupant, lessor, or agent of any property abutting on a paved sidewalk to fail to remove, or have removed, from such paved sidewalk all hail, snow, or sleet thereon within a reasonable time after such snow, hail, or sleet has fallen. In the case of a storm between the hours of 5:00 p.m. and 6:00 a.m. such sidewalk shall be cleaned before 9:00 a.m. of the same day.

B. It shall be unlawful for any person removing snow from the sidewalk to deposit snow, dirt, leaves, or any other material in the gutter so as to clog or prevent the free flow of water therein. [Code 1986 § 11-361.]

12.04.090 Placing trash or other obstruction in streets, gutters, sidewalks.

It shall be unlawful for any person owning, occupying or having control of any premises to place, or permit to be placed, upon or in the sidewalk, parking area, gutter, or on the half of the street next to such premises:

A. Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.

B. Any wagons, lumber, wood boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street, gutter, parking area or sidewalk, or any part thereof, except as expressly authorized by ordinance, without the permission of the town council first had and obtained.

C. Any permanent or temporary structure, mechanism, device, vehicle, or other thing of any kind or character except trees planted pursuant to the provisions of applicable ordinances. [Code 1986 § 11-362.]

12.04.100 Openings in street.

A. It shall be unlawful for the owner or occupant of any building having a cellar which opens upon any street or sidewalk to fail to keep the door or other covering in good repair and safe for the passage of the customary traffic on the street or sidewalk. If the owner or occupant of any such building shall neglect or refuse to repair properly any such door or covering within 24 hours after notice from the superintendent of streets to do so, the superintendent shall forthwith cause such repairs to be made at the expense of the owner or occupant.

B. It shall be unlawful to construct or maintain coal holes or other openings in streets or sidewalks, except with the special permission of the town council, and under the direction and supervision of the superintendent of streets. [Code 1986 § 11-363.]

12.04.110 Doors opening into streets.

It shall be unlawful for any person, firm, or corporation owning or having the control or management of any alley, road, or passageway to construct or hang gates or doors to such alley, road, or passageway so that the gates or doors thereto, when open, shall project outwardly more than two feet over or upon the sidewalk or beyond the property line. [Code 1986 § 11-364.]

12.04.120 Discharge of water on street.

It shall be unlawful for any person owning, occupying, or having control of any premises to fail, refuse or neglect to prevent water from the roof or eaves of any house, building, or other structure, or from any other source under the control of such person to be discharged upon the surface of any sidewalk. [Code 1986 § 11-365.]

12.04.130 Crossing at intersections.

It shall be unlawful for any person to drive or park a self-propelled vehicle or lead, drive, or ride any animal upon any sidewalk except across a sidewalk at established crossings. [Code 1986 § 11-366.]

12.04.140 Business to keep sidewalk clean.

It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of 9:00 a.m. [Code 1986 § 11-367.]

12.04.150 Placing goods on sidewalks for sale or show.

No goods, wares, or merchandise shall be placed, maintained or permitted for sale or show in or on any parking area, street, or sidewalk beyond two feet from the front line of the lot, without first obtaining the written approval of the town council. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding 48 hours and when participated in by a majority of firms seeking approval in their business areas. The town council’s written approval shall specifically provide that no goods, wares, or merchandise shall be placed in such a manner as to leave less than a six-foot passageway for pedestrians. [Code 1986 § 11-368.]

12.04.160 Playing on sidewalks.

Every person who obstructs the sidewalk or street by playing any game or engaging in any activity which obstructs the free travel thereon is guilty of an infraction. [Code 1986 § 11-370.]

12.04.170 Congregating on sidewalks.

It is an infraction for any person or persons to congregate about or upon any sidewalk, stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church or elsewhere and by so doing to obstruct or interfere with the free passage of persons entering, leaving or occupying such building or premises. [Code 1986 § 11-371.]

Article III. Excavations

12.04.180 Permit franchise required.

A. No person shall make an excavation in any street, lane, or alley, or remove any pavement or other material from any street or improvement thereon without first obtaining a permit from the superintendent of streets or other authorized representative of the town.

B. No person shall excavate any sidewalk without first obtaining a permit from the superintendent of streets or other authorized personnel.

C. Nothing contained in this article shall be construed to waive the franchise required for any person by the ordinances of this town or laws of Utah. [Code 1986 § 11-381.]

12.04.190 Excluded excavation.

Excavations of any kind in town streets in projects designed, contracted for, and inspected by the town engineer or other authorized personnel of the town do not come within the scope of this article. [Code 1986 § 11-382.]

12.04.200 Subject excavations.

Excavations for installation or repair of water lines, sewer lines, gas lines, electrical cable and conduits, telephone cable and conduits, and all other excavations for any other purpose within the street rights-of-way of the town or in other public places are subject to the provisions of this article. [Code 1986 § 11-383.]

12.04.210 Preparation.

The pavement, sidewalk, driveway, or other surface shall be cut vertically along the lines forming the trench in such a manner as to not damage the adjoining pavement or hard-surfacing. An undercut bevel at the rate of one inch per foot of thickness will be provided at the proposed junction between the old and new surfaces. The portion to be removed shall be broken up in a manner that will not cause damage to the pavement outside the limits of the trench. However, any pavement damaged by operations outside the limits of the trench shall be removed immediately from the site of the work. [Code 1986 § 11-384.]

12.04.220 Backfill.

A. Materials for backfill will be of select nature. All broken concrete, peat, decomposed vegetable matter and similar materials obtained from excavation will be removed from the site prior to beginning of backfilling. All backfill will be placed in layers not over eight inches loose measure in thickness. Compaction will be obtained by mechanical rollers, mechanical tampers or similar means. Material for backfilling will have optimum moisture to ensure compaction to a degree equivalent to that of the undisturbed ground in which the trench was dug. Jetting or internal vibrating methods of compacting sand fill or similar methods of compacting sand or similar granular free draining materials will be permitted.

B. The density (dry) of the backfill under pavements, sidewalks, curbs, or other structures will be not less than that existing prior to excavation. The fill shall be restored and placed in a good condition which will prevent settling. [Code 1986 § 11-385.]

12.04.230 Restoration of surfaces.

A. General. All street surfacing, curbs, gutters, sidewalks, driveways, or other hard surfaces falling in the line of the excavation which must be removed in performance of the work shall be restored in kind by the excavator, unless otherwise directed by the town council, in accordance with the specifications contained herein governing the various types of surfaces involved.

B. Protection of Paved Surfaces. In order to avoid unnecessary damage to paved surfaces, track equipment shall use pavement pads when operating on or crossing paved surfaces.

C. Time. In traffic lanes of paved streets, the excavator shall provide temporary gravel surfaces or cold mulch in good condition immediately after backfill has been placed, and shall complete permanent repairs on the street, sidewalk, curb, gutter, driveway and other surfaces, within five days from the date of completion of the backfill except for periods:

1. When permanent paving material is not available.

2. When weather conditions prevent permanent replacement.

3. When an extension of time is granted by the superintendent of streets.

D. Temporary Repair. If temporary repair has been made on paved street with gravel and a permanent repair cannot be made within the time specified above due to any of the above-mentioned conditions, then the excavator shall be required to replace the gravel with cold mulch as soon as possible. [Code 1986 § 11-386.]

12.04.240 Restoring bituminous, concrete or asphalt street surfaces.

A. Temporary Grade Surface. Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface. The gravel shall be placed deep enough to provide a minimum of six inches below the bottom of the bituminous or concrete surface. Normally, this will require nine inches of gravel for bituminous surfaces, 12 inches of gravel for concrete, and concrete base for asphalt wearing surfaces. The gravel shall be placed in the trench at the time it is back-filled. The temporary gravel surface shall be maintained by blading, sprinkling, rolling, adding gravel, to maintain a safe, uniform surface satisfactory to the inspector until the final surface is laid. Excess material shall be removed from the premises immediately. Material for use on temporary gravel surfaces shall be obtained from sound, tough, durable gravel or rock meeting the following requirements for gradings:


Passing 1-inch sieve	100%
Passing 3/4-inch sieve	85% – 100%
Passing No. 4 sieve	45% – 65%
Passing No. 10 sieve	30% – 50%
Passing No. 200 sieve	5% – 10%

B. Bituminous Surface. The exposed edges of existing pavement shall be primed with Type MC‑1 bituminous material. The type, grade, and mixture of the asphalt to be used for street surface replacement shall be approved by the superintendent of streets. The thickness shall be equal to the adjacent surface thickness but not less than three inches. The complete surface shall not deviate more than one-half inch between old and new work. [Code 1986 § 11-387.]

12.04.250 Concrete surfaces.

The sub-base for concrete surfaces shall be sprinkled just before placing the concrete. Joints and surfaces shall be made to match the original surfaces. The thickness of concrete shall be equal to the adjacent concrete but in no case less than six inches thick. The mixing, cement, water content, proportion, placement, and curing of the concrete will be approved by the superintendent of streets. In no case shall the concrete have less compressive strength than 3,000 pounds per square inch at the end of 28 days. [Code 1986 § 11-388.]

12.04.260 Concrete base, bituminous wearing surfaces.

This type of surfacing shall be constructed as described in MMC 12.04.240. [Code 1986 § 11-389.]

12.04.270 Gravel surfaces.

Trenches excavated through gravel-surfaced area, such as gravel roads and shoulders and unpaved driveways, shall have the gravel restored and maintained as described in MMC 12.04.250, except that the gravel shall be a minimum of one inch more than the thickness of the existing gravel. [Code 1986 § 11-390.]

12.04.280 Protection of public during excavation project.

Excavation operations shall be conducted in such a manner that a minimum amount of interference or interruption of street traffic will result. Inconvenience to residents and businesses fronting on public streets shall be minimized. Suitable, adequate and sufficient barricades shall be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all the excavator’s equipment is removed from the site and excavation has been backfilled and proper temporary gravel surface is in place. From sunset to sunrise all barricades and excavations must be clearly outlined by acceptable warning lights, lanterns, flares, and other devices. Police and fire departments shall be notified at least 24 hours in advance of any planned excavation requiring street closures or detour. [Code 1986 § 11-391.]

12.04.290 Relocation and protection of utilities.

An excavator shall not interfere with any existing utility without the written consent of the town council and without advance notice to the owner of the utility. If it becomes necessary to relocate an existing utility, it shall be done by its owner unless the owner otherwise directs. No utility, whether owned by town or private enterprise, shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee or an expressly written agreement is made whereby the utility owner and the excavator make other arrangements relating to such cost. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and shall do everything necessary to support, sustain and protect them under, over, along, or across the work. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged (and for this purpose pipe coating or other encasement or devices are considered as part of a substructure), they shall be repaired by the agency or person owning them, but the utility owner shall be reimbursed for the expense of such repairs by the permittee. It is the intent of this article that the permittee shall assume all liability for damage to substructures, and any resulting damage or injury to anyone because of such substructure damage and such assumption of liability shall be deemed a contractual obligation which the permittee accepts upon acceptance of an excavation permit. The town need not be made a party to any action because of this article. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. [Code 1986 § 11-392.]

12.04.300 Jetting pipe.

Jetting pipe by means of water under pressure, or compressed air, is permitted only when approved by the town. [Code 1986 § 11-393.]

12.04.310 Inspection and acceptance.

A. In order to ensure proper backfill and restoration of surface, the permittee shall deposit a surety bond or cash deposit with the clerk payable to the town, except that a public utility operating or using any of the streets under a franchise from the town will not be required to furnish such bond, providing such franchise obligates the holder thereof to restore the streets and to hold the town harmless in the event of any injury to any person or damage to any property due to negligence of such holder in conducting excavation and restoration operations under such franchise. The required surety bond must be:

1. With good and sufficient surety.

2. By a surety company authorized to transact business in the state.

3. Satisfactory to the town attorney in form and substance.

4. Conditions upon the permittee’s compliance with this article in order to secure and hold the town and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the municipality, the town council or any town office may be made liable by reason of any accident or injury to any person or property through the fault of the permittee arising out of failure to properly guard the excavation or for any other negligence of the permittee.

5. Conditioned to fill up, restore and place in good and safe condition, as near as may be to its original condition, and to the satisfaction of the town, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after the work shall be done, usual wear and tear excepted, as it was before the work shall have been done.

B. The amount of the surety bond or cash deposit shall be established by resolution and may be changed from time to time, but until such resolution is passed the amount of surety or cash deposit shall be $100.00 and $10.00 for each foot of street the permittee shall excavate. [Code 1986 § 11-394.]

12.04.320 Application for street excavation permit.

It shall be unlawful for any person to break, excavate, tunnel, undermine, or in any manner affect the surface or base of any street or to place, deposit or leave upon any street any earth or any other excavated material obstructing or tending to interfere with the free use of the street, unless such persons shall first have obtained an excavation permit therefor from the clerk. Any public utility regulated by the state of Utah or holding a franchise from the town which in the pursuit of its calling has frequent occasion to open or make excavations in streets, may, upon application, receive a general permit from the town to cover all excavations such utilities may make within the streets of the town. All permits shall be subject to revocation and the town may refuse to issue a permit for failure of the permittee or applicant to abide by the terms and conditions of this article. Excavation permits will not be required prior to excavation in case of emergency endangering life or property, providing the town is notified as soon as practicable and a permit is applied for upon the next working day following the emergency. [Code 1986 § 11-395.]