Chapter 12.05 WORKING IN PUBLIC WAYS

“Emergency” means any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or property, or which causes interruption of utility services.

“Engineer” means the city engineer or his authorized representatives.

“Engineer regulations,” “construction specifications,” and “design standards” mean the engineering regulations, construction specifications and design standards of the city engineer.

“Obstruction” means any rubbish, glass material, wood, ashes, tacks, metal, earth, stone, structure, or other object, thing or substance which may interfere with or obstruct the free use or view of the public way by travelers, or injure or tend to injure or destroy or render unsightly the surface of a public way, or which may cause or tend to cause such public way to become restricted in its traffic uses or unsafe or dangerous for travelers thereon.

“Permittee” means any person who has been issued a permit and has agreed to fulfill the requirements of this chapter.

“Person” means and includes any natural person, partnership, firm, association, public utility company, corporation, company, organization, or entity of any kind.

“Public utility company” means, for the purposes of this chapter only, any company subject to the jurisdiction of the Utah State Public Utilities Commission, or any mutual nonprofit 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 drainage ways. It does not, however, include utility easements not within public ways of the city as otherwise defined in this chapter.

“Work site restoration” means and includes the restoring of the original ground of paved surface to the same (or better) condition than the condition which existed before construction commenced, 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. The council may require persons working in public ways constructed or resurfaced within two years of said work, to employ extraordinary measures in restoring said public way such as applying seal coat or other surface treatment to maintain the overall integrity of the surface. [Ord. 87-34 § 11-02-001, 1987.]

12.05.020 Permit conformity regulations required.

(1) It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, driveway, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a permit for the performance of such work, and unless such work shall be performed in conformity with the terms and provisions of this chapter and of the permit or permits issued hereunder, except as hereinafter specifically provided.

(2) Permit Required for Occupation of Street with Building Material. It shall be unlawful for any person to occupy or use any portion of a public way for the erection or repair of any building abutting thereon without first making application for and receiving a permit for the occupation or use for building purposes, of such limitations and restrictions as may be required pursuant to this code and no building material shall remain in place on any public way after the ending date of the permit, unless said permit is extended by the council.

(3) Removal of Obstruction and Rubbish Required. No portion of a public way other than that set forth in the permit shall be used for depositing materials for future work or for receiving rubbish arising from such work. All obstructions and other rubbish shall be removed by the permittee at such times as the council may direct and, in case of the neglect or refusal of such permittee to remove such rubbish, the council shall cause it to be removed at the permittee’s expense in accordance with the law.

(4) Restriction to Eight Feet. No permit to occupy the public way with building materials or barricade fence shall be granted that will allow occupation of more than eight feet in the roadway portion of the public way. This distance may be extended to a maximum distance of 15 feet at the discretion of the city council when, in their opinion, additional space is deemed necessary and when the additional space will not adversely impact traffic flow.

(5) Maintenance of Drainage Channels. 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 natural drainage channel, a method of maintaining the flow must be submitted for approval by the city council prior to blockage of the channel.

(6) Maintenance of Pedestrian Way. Barricades or covered walkways for the protection of the general public shall be provided at all times that any work or storage of material is being accomplished under this chapter. [Ord. 87-34 § 11-02-002, 1987.]

12.05.030 Permit required for scaffold or staging over public way.

It shall be unlawful for any person to erect, build, maintain, swing or use any scaffold, ladder, staging crane or any other mechanical device or equipment of any description over or upon the public way without first obtaining a permit for that purpose and paying the fee for such permit. Tower cranes erected on private property that swing over the public way shall not be required to acquire said permit. No fee shall be charged for scaffolding or staging done behind an approved barricade fence. [Ord. 87-34 § 11-02-003, 1987.]

12.05.040 Applications for permits.

Each and every person desiring to perform any work of any kind described in this title, subject to regulation by this chapter, in a public way within this city shall make application for a permit. Such application shall be filed with the city on a form or forms to be furnished by the city. When necessary in the judgment of the council 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 council 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. [Ord. 87-34 § 11-02-004, 1987.]

12.05.050 Commencement of work – Approval or disapproval of application.

(1) It shall be unlawful for any person to commence work upon the public way until the council has approved the application and until a permit has been issued for such work, except as specifically provided to the contrary in this chapter.

(2) A permit shall be issued on approval of an application by the engineer. Duration of the permit shall be set at the time of issuance of the permit. If no time is specified, the duration shall be 60 days.

(3) In approving or disapproving work within the 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 by this chapter, the engineer 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 or the use thereof. [Ord. 87-34 § 11-02-005, 1987.]

12.05.060 Eligibility.

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 to perform said work;

(2) Public utility companies;

(3) Property owners performing less than 500 square feet or 100 linear feet of sidewalk, curb and gutter, or driveway approach work upon a portion of the public way adjacent to their residence. However, it shall be lawful for a city or state employee to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor. [Ord. 87-34 § 11-02-006, 1987.]

12.05.070 Review and inspection fees.

The city shall charge, and the city treasurer shall collect, upon issuing a permit, the following fees, for review of the application and site inspection of the work:

(1) Excavation.


Hard Surfaces	$0.15/square foot
Other	$0.10/square foot
Minimum Charge: April 1st – November 15th
Hard Surfaces	$70.00
Other	$45.00
Minimum Charge: November 16th – March 31st
Hard Surfaces	$105.00
Other	$65.00

(2) Sidewalk, Curb and Gutter, and/or Driveway Approaches.


Curb and Gutter	$1.00 per lineal foot
Sidewalk, Driveway Approach	$0.15 per square foot
Minimum Charge:
April 1st – November 15th	$70.00
November 16th – March 31st	$105.00

For in-kind replacement of existing sidewalk, curb and gutter, or driveway approach, no charge permit will be issued.

(3) Storm sewers: $1.75 per lineal foot ($70.00 minimum charge) in addition to excavation fees.

(4) Poles and anchors: $10.00 each pole or concrete pedestal anchor ($45.00 minimum charge).

(5) Multiple utility excavation: minimum fees shall be in accordance with the following schedule, if the distance between excavations does not exceed one block (660 feet) along the same street and the excavations are accomplished within the same day:

Minimum charge per excavation:


	Apr. 1st – Nov. 15th	Nov. 16th – Mar. 31st
Hard Surfaced	$45.00	$70.00
Other	$25.00	$40.00

(6) Building Construction Barricade. In addition to excavation fees.

(7) Scaffold or Staging Over Public Way. Flat fee: $100.00/setup.

No fee shall be charged for scaffolding or staging done behind an approved barricade fence.

Where any of the activities described in this section require the removal of parking meters, applicant shall obtain permission from the city council and pay required fees.

Where any of the subsections of this section specify a higher fee rate for any period, such higher fee shall be applicable if any portion of the work is completed during the higher fee period. [Ord. 87-34 § 11-02-007, 1987.]

12.05.080 Restoration fees.

In the event a cut or excavation exceeds 100 feet in length or 300 square feet in area, the restoration of the surface shall be accomplished by the permittee. Any cut or excavation smaller than the above mentioned size may be restored by the city, at the option of the permittee, and the following fees shall be required in addition to permit fees specified under NCC 12.05.070:

Asphalt restoration: $2.50 per square foot for local streets; $5.00 per square foot for major and collector streets;

Minimum charge:


April – October	$250.00
November – March	$275.00

In the event that the actual cost of restoration by the city exceeds the amount paid by the permittee by more than $25.00, the permittee shall be liable for the difference between such actual costs and the amount paid by him, which shall be billed to the permittee by the city at the conclusion of the work, or from time to time as the work proceeds; and in the event of nonpayment of all or part thereof, after 30 days, the balance due may be collected by legal action. In the event of nonpayment, the permittee shall not be entitled to receive further permits from the city, or to perform further work within the city’s public ways. [Ord. 87-34 § 11-02-008, 1987.]

12.05.090 Permit extension fees.

The length of the extension determined by the permittee shall be subject to the approval of the engineer. No extension shall be made that allows work to be completed in the winter period without payment of winter fees. The extension fees shall be as follows:

(1) Excavation and surface restorations: $20.00.

(2) Building construction barricade: three times the review and inspection fees described in NCC 12.05.070 for each month that the permit has not been extended. The council may waive this extension when work is not proceeding on the project in a satisfactory manner. [Ord. 87-34 § 11-02-009, 1987.]

12.05.100 Alternate fee allowed.

(1) The following persons may be issued a permit to run for the calendar year, which permit shall authorize the holder to occupy any street or sidewalk in the city at any time or place during the life of said permit by filing the bond hereinafter provided for the paying fees as follows:


Persons servicing electrical signs	$100.00
Persons installing glass	$100.00
Persons servicing or installing awnings	$100.00
Persons painting or cleaning buildings, signboards and other structures	$100.00

(2) Any permittee utilizing the alternate fee waiver shall meet the requirements set forth in this chapter. [Ord. 87-34 § 11-02-010, 1987.]

12.05.110 Additional charges.

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. [Ord. 87-34 § 11-02-011, 1987.]

12.05.120 Permit duration and limits.

Each permit application shall state the starting date and estimated completion date. Work shall be completed within 60 days from the starting date or as directed by the council. The council shall be notified by the permittee of commencement within 24 hours prior to commencing work. The permit shall be valid for the time period specified. If the work is not completed during such period, the permittee may apply to the council for an additional permit or extension, which may be granted by the council if the council finds that work under the original permit, or as extended, has not been satisfactorily performed. [Ord. 87-34 § 11-02-012, 1987.]

12.05.130 Assignment of permits.

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 chapter and under said permit. [Ord. 87-34 § 11-02-013, 1987.]

12.05.140 Compliance with engineering regulations, design standards, construction specifications and traffic control regulations.

All work performed in the public way shall in all respects conform to the requirements of the engineering regulations of the city, a copy of which shall be kept on file in the control regulations of the city and a copy of which shall be kept on file in the office of the recorder, and shall be open to public inspection during office hours. [Ord. 87-34 § 11-02-014, 1987.]

12.05.150 Maintenance of traffic barricades.

It shall be unlawful for any person maliciously or wantonly or without authorization and legal cause to extinguish, remove or diminish any light illuminating any barricade or excavation or to tear down or remove any rail, fence or barricade protecting any excavation. [Ord. 87-34 § 11-02-015, 1987.]

12.05.160 Emergency work.

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.

In the event that emergency work is commenced on or within any public way of the city during regular business hours, the council shall be notified within one-half 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.

Any person commencing emergency work in the public way during off-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, and a permit may be issued which shall be retroactive to the date when the work has begun, in the discretion of the council. [Ord. 87-34 § 11-02-016, 1987.]

12.05.170 Suspension or revocation of permits and stop orders.

Any permit may be revoked or suspended by the council after notice to the permittee for:

(1) Violation of any condition of the permit, the bond, or of any provision of this chapter;

(2) Violation of any provision of any other ordinance of the city or law relating to the work;

(3) Existence of any condition or the doing of any act which does constitute, may constitute or causes a condition endangering life or property.

A suspension or revocation by the council, and a stop order, shall take effect immediately upon entry thereof by the council and notice to the person performing the work in the public way.

A stop order may be issued by the council directed to any person or persons doing or causing any work to be done in the public way without a permit, or in violation of any provision or provisions of this chapter, or whenever the council shall suspend or revoke a permit. [Ord. 87-34 § 11-02-017, 1987.]

12.05.180 State highway permits.

Holders of permits for work on state highways within the city limits, issued by the Department of Transportation of the state of Utah, shall not be required to obtain permits from the city under the provisions of this chapter. Any city permit shall not be construed to permit or allow work in a state highway within the city without a state permit.

The council shall have the right and authority to regulate work under such permits with respect to hours and days of work, and measures required to be taken by the permittee for the protection of traffic and safety of persons and property. [Ord. 87-34 § 11-02-018, 1987.]

12.05.190 Bond.

Each applicant, before being issued a permit, shall provide the city with an acceptable corporate surety bond of $10,000 to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the bond required may be increased or decreased in the discretion of the council whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of bond otherwise required under this chapter.

Public utilities franchised by the city and property owners performing work adjacent to their residences shall not be required to file a corporate surety bond, provided said companies or persons agree to be fully bound by the conditions set forth in NCC 12.05.200. [Ord. 87-34 § 11-02-019, 1987.]

12.05.200 Conditions of bond.

The bond required by the preceding section shall be conditioned that the person making the excavation shall:

(1) Fully comply with the requirements of the city code and the regulations, specifications and standards promulgated by the city relative to work in the public way, and respond to the city in damages for failure to conform therewith.

(2) After an excavation is commenced, the permittee shall proceed with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the public way to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.

Unless authorized otherwise by the council on the permit, all paving and replacement of street facilities shall be done in conformance with this chapter within seven calendar days from the time the excavation commences, or within three calendar days on major or collector streets and five calendar days on all other streets provided for during excavation in winter. In any case, every effort should be made to resurface utility cuts immediately after backfilling is completed. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.

(3) Guarantee the worksite restoration for a period of two years from completion of said restoration, reasonable wear and tear expected. [Ord. 87-34 § 11-02-020, 1987.]

12.05.210 Default in performance.

Whenever the council finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the council to be reasonably necessary for the completion of the work. [Ord. 87-34 § 11-02-021, 1987.]

12.05.220 Completion of work.

In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, and the requirements of public safety for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the council, with city forces or contract forces or both, and suit may be commenced by the city attorney against the contractor and bonding company and such other persons as may be liable to recover the entire amount due to the city on account thereof. In the event that cash has been deposited, the costs of performing the work may be charged against the amount deposited, the suit brought for the balance due, if any. [Ord. 87-34 § 11-02-022, 1987.]

12.05.230 Obstructions prohibited.

It shall be unlawful for any person to place, cast, deposit, permit, erect, or suffer to remain in or upon any public way in Naples City any obstruction as herein defined, without obtaining from the council of Naples City permission to do so, and then only in strict accordance with the terms and conditions of this chapter and of the express permission granted. [Ord. 87-34 § 11-02-023, 1987.]

12.05.240 Comprehensive liability insurance required.

Before an excavation permit, as herein provided, is issued, the applicant shall furnish to the city a certificate of insurance in a company authorized to issue insurance by the state of Utah, evidencing that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage with minimum limits of $250,000 for injuries, including accidental death to any one person, in the amount not less than $500,000 on account of injuries sustained in any one accident, and property damage insurance in an amount not less than $100,000 for each accident. Said insurance policies shall include the following provisions:

(1) To indemnify, save harmless and defend Naples City and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of an excavation made by the permittee, his subcontractor or agent, whether or not the excavation has been filled or resurfaced and whether or not the surface has been opened to public travel.

(2) To indemnify, save harmless and defend the city from any and all liability for the city’s own negligence occurring by reason of said opening or excavation. This indemnification agreement covering the city’s liability for its own negligence shall not apply to injuries or damages sustained while city employees are present at the excavation pouring cement or asphalt therein.

(3) To indemnify, hold harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained on account of damages occurring by reason of failure to maintain proper barricades and/or lights as required from the time of the opening of the excavation until the excavation is surfaced and opened for travel.

(4) Naming the city as an additional insured and providing that 30 days’ notice shall be given to the city prior to termination of said policy, for any reason. Prior to cancellation of insurance, the permittee shall forthwith close the excavation and complete all worksite restoration work.

A public utility company or property owner performing work adjacent to his/her residence may be relieved of the obligation of submitting certificates of insurance if such person or company shall submit satisfactory evidence in advance that it is insured, or has adequate assets and provisions for self-insurance. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit. [Ord. 87-34 § 11-02-024, 1987.]

12.05.250 Hold harmless.

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 said permit. The acceptance of any permit under this chapter shall constitute such an agreement by the permittee whether the same is expressed or not. [Ord. 87-34 § 11-02-025, 1987.]

12.05.260 Liability of city.

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured or by reason of the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work. [Ord. 87-34 § 11-02-026, 1987.]

12.05.270 Structures and facilities in the public way.

The city council may direct any person owning or maintaining facilities or structures in a public way to alter, modify or relocate such facilities or structures as they may require. Sewer, pipes, drains, tunnels, conduits, vaults, trash receptacles and overhead and underground gas, electric, telephone and communication facilities shall specifically be subject to such directives. Any directive by the city council shall be based upon one of the following:

(1) The facility or structure was installed, erected or is being maintained contrary to law;

(2) The facility or structure constitutes a nuisance as defined under state statute or city ordinance (this section shall not, however, be deemed to diminish the vehicle impound authority of the police department under Chapter 10.15 NCC);

(3) The authority under which the facility or structure was installed has expired or has been revoked;

(4) The facility or structure is not in conformity with public improvements proposed for the areas; or

(5) The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction.

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 city council shall be guilty of a misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved. [Ord. 87-34 § 11-02-027, 1987.]

12.05.280 Violation of this chapter.

A violation of any provision of this chapter shall be an infraction. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse a person from otherwise complying with the provisions of this section. [Ord. 87-34 § 11-02-028, 1987.]

12.05.290 Penalty for work without permit.

Any person found to be doing work in the public way without having obtained a permit, as provided by this chapter, shall be required to pay a permit fee of two times the normal permit fee. [Ord. 87-34 § 11-02-029, 1987.]