Chapter 12.30
EXCAVATIONS
Sections:
12.30.010 Permit franchise required.
12.30.020 Excluded excavation.
12.30.030 Subject excavations.
12.30.060 Restoration of surfaces.
12.30.070 Restoring bituminous, concrete or asphalt street surfaces.
12.30.090 Concrete base, bituminous wearing surfaces.
12.30.110 Protection of public during excavation project.
12.30.120 Relocation and protection of utilities.
12.30.140 Easements and bonds for construction in streets.
12.30.150 Application for street excavation permit.
12.30.160 Maintenance of removable covers and utility devices.
12.30.170 Newly constructed roadways.
12.30.010 Permit franchise required.
(1) 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 municipality.
(2) No person shall excavate any sidewalk without first obtaining a permit from the superintendent of streets or other authorized personnel.
(3) Nothing contained in this chapter shall be construed to waive the franchise required for any person by this code or the laws of Utah. [Ord. 87-34 § 11-08-001, 1987.]
12.30.020 Excluded excavation.
Excavations of any kind in municipal streets in projects designed, contracted for, and inspected by the municipal engineer or other authorized personnel of the municipality do not come within the scope of this chapter. [Ord. 87-34 § 11-08-002, 1987.]
12.30.030 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 municipality or in other public places are subject to the provisions of this chapter. [Ord. 87-34 § 11-08-003, 1987.]
12.30.040 Preparation.
Whenever possible the utility will bore in their services and use a “T” patch method of replacement of surface materials. 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. [Amended during 2013 codification; Ord. 87-34 § 11-08-004, 1987.]
12.30.050 Backfill.
When backfilling trenches/excavations made in the streets and street easements of Naples City will be backfilled with flowable fill: see UDOT Flowable Fill Design Specifications. Alternative backfill method may be used with the written permission of the road superintendent.
(1) 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.
(2) 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. [Amended during 2013 codification; Ord. 87-34 § 11-08-005, 1987.]
12.30.060 Restoration of surfaces.
(1) 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 governing body, in accordance with the specifications contained herein governing the various types of surfaces involved.
(2) 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.
(3) 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:
(a) When permanent paving material is not available.
(b) When weather conditions prevent permanent replacement.
(c) When an extension of time is granted by the superintendent of streets.
(4) 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.
(5) Refer to appendices for standards on repair of existing surfaces or construction of new surfaces. [Ord. 87-34 § 11-08-009, 1987.]
12.30.070 Restoring bituminous, concrete or asphalt street surfaces.
(1) General. Using flowable fill the temporary gravel surface can be the flowable fill of gravel surface.
(2) Temporary Gravel 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 backfilled. 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% |
(3) 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. [Amended during 2013 codification; Ord. 87-34 § 11-08-010, 1987.]
12.30.080 Concrete surfaces.
The subbase 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. [Ord. 87-34 § 11-08-011, 1987.]
12.30.090 Concrete base, bituminous wearing surfaces.
This type of surfacing shall be constructed as described in NCC 12.30.080. [Ord. 87-34 § 11-08-012, 1987.]
12.30.100 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 UDOT Standards and Specifications, except that the gravel shall be a minimum of one inch more than the thickness of the existing gravel. [Amended during 2013 codification; Ord. 87-34 § 11-08-013, 1987.]
12.30.110 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. [Ord. 87-34 § 11-08-014, 1987.]
12.30.120 Relocation and protection of utilities.
An excavator shall not interfere with any existing utility without the written consent of the governing body 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 municipality 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 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, who 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 municipality need not be made a party to any action because of this section. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. [Ord. 87-34 § 11-08-015, 1987.]
12.30.130 Jetting pipe.
Jetting pipe by means of water under pressure or compressed air is permitted only when approved by the municipality. [Ord. 87-34 § 11-08-016, 1987.]
12.30.140 Easements and bonds for construction in streets.
(1) Any person, firm, corporation, public utility or other entity desiring to install utility lines, including, but not limited to, water lines, sewer lines, gas lines, electrical lines, telephone lines, and cable T.V. lines, or do other construction work within roads maintained by Naples City (herein referred to as city roads) located in Naples City, Utah, shall first obtain from Naples City an easement and a permit. The easement shall be given without warranty as to title. To obtain that easement and the permit, the party or entity desiring to do the construction must file with the city council of Naples City the proposed easement form to be signed together with a plat showing where the construction will take place and showing compliance with city requirements and regulations, and a sufficient bond as set forth herein.
(2) Any party desiring to do any construction or other work upon or within four feet of the asphalt or other pavement of any Naples City road, shall post with Naples City a cash bond in the amount of $10.00 per linear foot of road to be affected to insure that the road will be repaired to its original condition or provide a performance bond naming Naples City as a party entitled to enforce the bond, which bond shall insure repair and replacement of the road. If the construction is other than installing utility lines, the bond must be in an amount sufficient to pay for the cost of repairing the road. If the road is not properly repaired to its original condition, the city may use the proceeds from the bond to pay the costs of repairing the road to the specifications of Naples City. The party doing the constructing shall be responsible and liable for the costs in excess of the bond.
(3) At no time shall any person, firm, corporation or entity damage more than two miles of road at one time. A project involving more than two miles of road must have ongoing repairs so that at any given time no more than two miles of road is damaged. Any damage to a road must be repaired within six weeks from the date the damage is done.
(4) If emergency repairs to a utility line become necessary to restore or ensure normal service after a malfunction on any such line, such repairs may be commenced immediately without complying with the application or bond requirements of this chapter. In no event, however, shall the party performing such emergency repairs be relieved of its obligation to fully restore all roads to their original condition following such repairs, and failure to do so shall be dealt with as provided herein.
(5) Any person, firm, corporation, or entity failing to comply with this chapter, including obtaining the easement and posting the bond, shall be guilty of a class B misdemeanor. The city shall also obtain an injunction against the party violating this chapter, stopping the work and requiring the removal of any lines or other construction commenced in violation of this chapter. The person violating this chapter shall be responsible for all costs and attorney’s fees incurred by Naples City in enforcing this chapter. [Ord. 87-34 § 11-08-017, 1987.]
12.30.150 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 recorder/clerk. Any public utility regulated by the state of Utah or holding a franchise from the municipality 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 municipality to cover all excavations such utilities may make within the streets of the municipality. All permits shall be subject to revocation and the municipality may refuse to issue a permit for failure of the permittee or applicant to abide by the terms and conditions of this chapter. Excavation permits will not be requested prior to excavation in the case of emergency endangering life or property, providing the municipality is notified as soon as practicable and a permit is applied for upon the next working day following the emergency. [Ord. 87-34 § 11-08-018, 1987.]
12.30.160 Maintenance of removable covers and utility devices.
(1) All persons or entities including utilities doing construction, repair or maintenance work upon the paved or traveled portion of public roads shall be required to replace and restore the surface so that there is an even grade without either depressions, protrusions, holes or bumps. Anyone placing, replacing or maintaining any utility or pipeline shall install all manhole covers, valve covers, or other mechanical devices upon the roadways in such a manner that the surfaces thereof shall be of the same height and grade as the surrounding contiguous and adjacent roadway so as to provide that travel by traffic across the same shall not be in any appreciable manner affected by the existence of such covers.
(2) The locations of every such manhole cover, valve cover or other device shall be located on a map by the party locating or placing the same with detail thereon and delivered to the city recorder so that the same can be readily located by the city or its agents. [Ord. 87-34 § 11-08-019, 1987.]
12.30.170 Newly constructed roadways.
(1) When a road or roadway belonging to Naples City has been reconstructed and rebuilt by increasing the base, resurfacing, or changing the grade it shall be unlawful for any person, firm or corporation to cut, alter, change or disturb said newly constructed road for a period of five years.
(2) Prior to any cutting, alteration, disturbance or changing of any roadway, a permit shall be obtained from the city. (A permit shall not be authorized for roads under the moratorium pursuant to subsection (1) of this section.)
(3) Prior to the issuance of any permit to change, alter, cut or disturb any roadway, there shall be standard plans and specifications prepared by a licensed engineer together with plans and specifications which shall provide for the replacement of the roadway with appropriate compaction and restructuring. Said plans shall be approved by the city through its administration and/or engineers.
(4) When approved, the permit shall be issued upon furnishing a corporate bond or cash deposit in an amount equal to 125 percent of the engineer’s estimated cost of the cutting, alteration, changing or disturbing any such road, roadway or road surface.
(5) It shall be a class B misdemeanor to violate any of the terms of this section. [Ord. 99-82, 1999.]