Chapter 4.05
STREET AND SIDEWALK REGULATIONS
Sections:
4.05.010 Building line on street.
4.05.020 Streets and sidewalks constructed by individuals.
4.05.040 Location of poles on streets.
4.05.050 Height of awnings, porches, and signs.
4.05.060 Street and sidewalk cleanliness.
4.05.080 Deferral of construction.
4.05.090 Temporary restoration.
4.05.100 Permanent restoration.
4.05.110 Annual meeting and disclosure.
4.05.120 Restoration of asphalt cuts.
4.05.150 Restoration of public property.
4.05.010 Building line on street.
No building or house erected on the boundary or edge of any street, lane, avenue, or alley of this City shall extend further into the street than the outer edge of the lot or the inner edge of the sidewalk. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-010.]
4.05.020 Streets and sidewalks constructed by individuals.
It shall be unlawful for any person, either as owner, agent, servant, contractor or employee, to construct any street or sidewalk within the public right-of-way unless a permit is first obtained from the Public Works Department to do so. Such street or sidewalk shall be constructed to lines and grades and specifications as given and established by the City standards or unless special permission to deviate from such lines and grades is first obtained from the City. All such streets and sidewalks shall be constructed under the supervision of a City Inspector, but the cost of indicating grade and lines shall be borne by the person constructing said street or sidewalk. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-020.]
4.05.030 Obstructions.
All persons are hereby forbidden to obstruct the sidewalks, crosswalks, or streets of this City, or to place any earth or substance on said sidewalks, or to permit any gate or other obstruction to swing across any sidewalk of this City to the annoyance of another person unless granted special permission by the Public Works Department to place obstructions on sidewalks or streets when necessary for improving the same or to provide protection when buildings are in the course of construction. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-030.]
4.05.040 Location of poles on streets.
All sign posts, telephone or light poles, awnings, porch posts, or other obstructions shall be set at the outer edge of the sidewalk at such places as the City Engineer may designate. No pole stubs shall be set on any telephone or light poles located on a public street or sidewalk within the City. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-040.]
4.05.050 Height of awnings, porches, and signs.
All awnings, porch tops, and sign boards crossing or extending over any sidewalk in this City must be at least eight feet above the grade of the sidewalk. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-050.]
4.05.060 Street and sidewalk cleanliness.
(A) It shall be the duty of the owner or occupant of private property fronting upon a public sidewalk to remove all weeds and noxious vegetation from such property and in front thereof to the curb line of the street and to keep the sidewalks in front of such property free from dirt, litter, snow, ice or obstructions. In the case of snow and ice removal:
(1) Snow and ice must be removed from the sidewalk within 24 hours from the end of each snowstorm;
(2) The City shall provide verbal notice of each snowstorm; or written notice to the property owner or a responsible person at the address. Notice may also be provided by posting on the front door or a fence if attempts at providing verbal or written notice are unsuccessful; and
(3) Notwithstanding any other provision in this code related to notice and abatement procedures, within 48 hours after that notice is provided or posted, the City shall be authorized to abate the violation, and assess the actual costs of snow removal to the property owner, as well as an administrative fee listed in the consolidated fee schedule. The City shall follow all other procedures in the code related to collecting the costs of abatement.
(B) It shall be the duty of general contractors, owner-builders, or owners of every residential or commercial building construction site to keep the construction site in a condition of cleanliness and healthfulness by:
(1) Preventing the accumulation of garbage or refuse, including boards, bricks, stones, trash, etc., into disorderly stacks or piles. A commercial trash bin or suitable container, located on the site, shall be used for refuse on the construction site and shall be emptied when full;
(2) Maintaining the premises in such a manner that mice, rats, rodents, or animals do not inhabit the premises;
(3) Preventing garbage, refuse, dirt, rocks or building materials from encroaching onto sidewalks, curbs, gutters, streets, public property, or private property without the written consent of the owner, except that dirt may be used for the bridging of sidewalks during construction. However, use of dirt for bridging curb and gutter shall not be allowed;
(4) Preventing the blowing of paper or other debris onto neighboring properties.
(C) In order to protect the function of the City’s storm drainage system and ensure safety of the public, this section shall be primarily enforced by the Syracuse City Building Department, with the assistance of the Police Department. When a violation occurs, a Building Department official may issue a stop work order on the construction project until the violation is corrected. Contractors, builders, or residents violating this section shall be guilty of a Class B misdemeanor. [Ord. 16-04 § 1; Ord. 12-07 § 1 (Exh. A); Ord. 04-19; Code 1971 § 4-01-060.]
4.05.070 Excavations.
(A) For purposes of this chapter, “excavation” means digging more than six inches into the ground inside of a right-of-way, or the cutting of asphalt or concrete located within the right-of-way.
(B) It shall be unlawful for any person, except City personnel or those duly authorized by permit, to excavate in any public right-of-way or remove any pavement or other materials forming any street or improvement thereof without first having obtained a permit therefor from the City. In order to obtain an excavation permit, an application shall be submitted to the Public Works Department, accompanied by an application fee in an amount established by the City fee schedule, stating the location of the proposed excavation, the nature and extent of the same, the purpose for which the excavation is necessary, the manner in which it is proposed to accomplish such excavating, the means to be employed to permit the unobstructed flow of traffic thereon, and the length of time the excavation will remain. The City shall issue, after determining that the proposed excavation is necessary and that the same will not unreasonably damage said public right-of-way, a permit to undertake and complete such excavation. Contractors completing City-initiated capital improvement projects are not required to obtain an excavation permit. Governmental agencies and not-for-profit districts and irrigation companies are required to obtain an excavation permit, but all fees will be waived.
(C) Prior to the issuance of a permit covering such excavation, the City shall require a bond issued by a licensed surety company of the state of Utah or a cashier’s check made out in favor of Syracuse City in an amount sufficient to guarantee restoration of public infrastructure to its original condition. All persons or firms making such excavations must hold a valid license from the state of Utah and must maintain minimum liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Insurance companies shall name Syracuse City as additional insured and shall have a minimum rating of A- through AM Best.
(D) No such excavation nor obstruction to any public right-of-way shall be made without notifying the City of Syracuse in advance of the time when it is proposed to begin such excavation. It shall be unlawful for any person to close any public right-of-way or to prevent the flow of traffic thereon without first obtaining permission therefor from the City of Syracuse.
(E) All backfill shall meet City standard specifications and all materials used shall be properly compacted with a sufficient quantity of water to assure proper compaction. The contractor shall be required to test the compaction and submit such compaction report to the City.
(F)(1) Notice of Noncompliance. It shall be unlawful for any person having made an excavation in any public right-of-way, whether under a permit or otherwise, to fail, neglect, or refuse for a period of five days after notice, to restore said right-of-way to its permanent condition. Any permit holder notified to restore the infrastructure to its permanent condition, will be considered in noncompliance of the excavation permit and is subject to the daily fee set forth in the City fee schedule beginning the sixth day after notice. The permit holder shall respond to the City notice within 24 hours with a proposed schedule for restoring the City right-of-way to its permanent condition.
(2) Unsafe Conditions. It shall be unlawful for any person, by or for whom any excavation is made in a public street for any purpose, to fail to properly protect the work zone area so as to enclose such excavation, together with the dirt, gravel, or other material thrown therefrom, and to maintain such protection during the entire duration such excavation continues. It shall be unlawful for any person having made an excavation in any public right-of-way, whether under a permit or otherwise, to fail, neglect, or refuse for a period of one day after notice, to correct unsafe work areas, improper traffic control, temporary restoration, or any other unsafe conditions. Any permit holder that fails to comply with such notice will be considered in noncompliance of the excavation permit and is subject to the daily fee set forth in the City fee schedule beginning the second day after notice. Visible flasher lights shall be fixed to parts of such barricade, or in some other proper manner over or near the excavation, and over and near the dirt, gravel, or other material taken therefrom, and so kept from the beginning of twilight through the whole of every night during all the time such excavation exists. It shall be unlawful for any person, maliciously or wantonly, and without legal cause, to extinguish, remove, or diminish said lights or tear down or remove any rail, fence, or barricade fixed in accordance with the provisions of this section.
(G) General Requirements. Each permittee or excavator for permittee shall comply with the following requirements:
(1) Haul away and properly dispose of all materials removed from each single excavated area less than 50 feet in length and 20 feet in width. The trench or excavation shall be refilled with new crushed road base and compacted to 96 percent and made ready for the asphalt finish surface. The trench or excavation shall be patched by the contractor in a thickness to match existing conditions or a minimum of four inches of asphalt.
(2) Make proper provisions for protecting the public with necessary guards, barricades, lights, signals and with all other appurtenances necessary to safeguard the lives and property of the users of such roadway, sidewalk, and other facilities, before any excavation begins under this permit and at all times during the excavation. Visible flasher lights shall be used in hours of darkness.
(3) Be responsible for all liability or personal injury resulting from neglect; indemnify Syracuse City against all claims, demands, costs, damages, attorney fees or other expenses of any kind occasioned by such neglect; and upon request of the City, produce evidence of insurance adequate to cover such claims.
(4) Be responsible for restoring all public rights-of-way and private improvements, including sidewalks, surfaces, curbs and gutters, driveways, ditches, sprinkler irrigation, and other landscaping, to their original condition, whether public or private, in a manner conforming to current Syracuse City specifications.
(5) Keep excavations to a minimum regardless of the age or condition of the pavement, and, wherever possible, locate excavations so that one “common” patch can cover as many excavations as possible.
(6) Restore roads to a passable and safe condition prior to reopening the work area to the public. All debris generated as a result of said excavation shall be removed immediately from the area upon completion of the excavation. If the roadcut or excavation has not been repaired as required, Syracuse City may place claim on the excavation bond to cover expenses necessary to complete the necessary repairs. The costs of repair shall include administrative costs and fees. The permittee or excavator for the permittee shall be responsible for trench maintenance for one year after the date it was inspected and approved by the Public Works Department. If repair of the roadcut or trench is necessary within the initial one-year period, the permittee shall make repairs to the satisfaction of the City Engineer or, in the alternative, the City may place claim on the excavation bond and cause the repairs to be made.
(7) Limit the trench length left at grade but unpaved to a maximum of 1,000 feet. No excavation shall be allowed to continue until the 1,000 feet of trench has been restored with proper asphalt surface and inspected and accepted by the City.
(8) Place flowable fill in all excavations of 12 inches or less in width, prior to the application of an asphalt finished surface.
(9) Compact all backfilled excavations to 96 percent. The contractor shall submit tests to the City confirming the compaction.
(10) Protect Bore Pits. Bore pits adjacent to or which may be hazardous to traffic shall not be left open or unshielded overnight. Shielding in conformance with the Manual on Uniform Traffic Control Devices shall be allowed in the case of large pits or extensive bore and jack operations. Contractors shall complete small bores under two-lane roadways in one continuous operation.
(11) Utilize common trenching in all subdivisions, unless otherwise approved or excepted by the City Engineer.
(12) Bore all utility excavations whenever possible.
(H) A stop work order may be issued by the City Engineer or a designee to any person or persons doing or causing any excavation in the right-of-way without a permit.
(I) The City Engineer may revoke or suspend any excavation permit if a permittee violates any provisions of this section. No excavation work may be completed during the period of suspension or revocation. [Ord. 21-12 § 1 (Exh. A); Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 1; Ord. 05-04; Code 1971 § 4-01-070.]
4.05.080 Deferral of construction.
The City Engineer may, in the Engineer’s reasonable discretion, and subject to the provisions of any approved franchise ordinance or agreement of the City, defer construction or other activity under any permit provided for in this chapter, until such time as the Engineer deems it proper in all cases where the public place on which the work is desired to be done is occupied or about to be occupied in any work by the City, or by some other person having a right to use the same in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at such time, and in granting such permit, may so regulate the manner of doing such work in order to cause the least inconvenience to the public in the use of such public place; and in all cases any work of the City or its contractors or employees for municipal purposes shall have precedence over all work of every other kind. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-080.]
4.05.090 Temporary restoration.
Anyone issued a permit for excavation or other activity under this chapter shall temporarily restore any disturbed public right-of-way or other public place to a safe condition prior to opening the work area up to the public. The City Engineer may require excavations to have temporary asphalt installed until permanent asphalt can be installed. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-090.]
4.05.100 Permanent restoration.
The excavator shall complete permanent repairs by the completion date on the issued permit. If the excavator fails to complete the permanent restoration within this time period and in a manner approved by the City Engineer, the City may perform the restoration and bill the permittee for the repair. All permanent repairs shall be bonded for at the time of the issuance of a permit. Upon failure to complete applicable permanent restoration and receiving notice from the City, the City shall place claim to said bond for reimbursement of incurred expenses to complete the restoration. The permittee may, at the time the permit is issued, contract with the City for the completion of the permanent restoration. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-100.]
4.05.110 Annual meeting and disclosure.
Beginning November 2000, and by the first week of January of each succeeding year, the City Engineer shall provide to all utilities a list of street and other improvements planned for the following three successive years. All agencies, utilities, franchises, and other entities planning work in a public right-of-way or other public place that will require a permit under this chapter shall submit a list of proposed projects and locations to the City Engineer by December 31st of each year. This list shall cover the planned projects for the following three years. These lists of planned projects shall be entered into the City geographic information system and integrated with other information on street condition and use. For the purpose of this section, the term “planned projects” does not include new construction that could not have reasonably been foreseen at the beginning of the year. The City Engineer may deny entities or agencies that fail to provide this information permits for construction or other activity under this chapter unless the entity was not provided a list of planned street improvements by the City for that year. The City may hold an annual meeting for the purpose of providing and explaining such list. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-110.]
4.05.120 Restoration of asphalt cuts.
For any asphalt surface three years old or less, the excavator shall provide new asphalt for the length of the cut and the width of all lanes affected by the construction or other activity. For any asphalt surface where 30 percent or more of the width of any lane is affected by the construction or other activity, the excavator shall provide new asphalt for the length of the cut and the width of all lanes affected. For all other asphalt surfaces, the excavator shall provide new asphalt for the length and width of the affected area as required in this chapter. The City Engineer may require that the surface of the street receiving new asphalt be rotomilled prior to resurfacing. The excavator shall restore any surface treatments three years old or less. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-120.]
4.05.130 Excavation through intersection requires dry lines.
Repealed by Ord. 21-12. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-130.]
4.05.140 Laterals.
The City shall notify all abutting property owners along the affected portion of a street proposed for opening by the City, and a permittee shall notify all property owners, as determined by the last tax assessment rolls, of the intent to open the street and shall provide to each owner an opportunity to place, at the owner’s expense, laterals for the utilities to their property prior to closing the trench. No excavation for laterals shall be allowed for a period of three years after construction or reconstruction of a street, where such notice was given and the property owner declined to install the lateral.
The City Engineer may waive this barrier to entering a street if the required notice was not sent or if the Engineer determines that the excavation is necessary to provide an essential service that cannot be provided, except by cutting the street. The permittee shall pay a fee equal to the estimated damage to the useful life of the street and any associated repairs and shall repave that portion of the street necessary to restore it, as close as possible, to its original condition, as determined by the City Engineer. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-140.]
4.05.150 Restoration of public property.
Permittee or excavator for permittee shall:
(A) Restore the surface of any public way to its original condition at the permittee’s own expense and shall replace any removed or damaged pavement with the same type and depth of pavement of that which is adjoining, thickness not to be less than four inches including the gravel base material, not to be less than 12 inches. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the City and shall be accomplished within the time limits set forth in this chapter, unless additional time is granted in writing by the Public Works Department. In the event of any conflict between City standards and specifications and this chapter, the standards and specifications shall be controlling.
(B) Be responsible for any necessary repair of a temporary restoration of a public right-of-way or other public place until the permanent restoration is completed. Permittees or excavators shall be responsible for any necessary repair of a permanent restoration. If the permittee fails to complete any necessary repair of a filled temporary restoration within one calendar day or a permanent restoration by the completion date on the permit or within five calendar days of being notified to do so by the City, the City may complete the repair and bill the permittee for the costs of such repair including administrative costs and fees. [Ord. 21-12 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-01-150.]
4.05.160 Prohibited acts.
(A) It shall be unlawful for any person to destroy, deface, or in any manner injure any public street or sidewalk.
(1) Any person found doing excavation in the public right-of-way without a permit shall be required to obtain a permit and pay a permit fee equal to two times the normal permit fee (including application, inspection and roadcut fees).
(2) Any person who has completed, or whose agent has completed, excavation work without having first obtained a permit shall be subject to a civil fine of two times the normal excavation permit fee, and shall be responsible for the costs of remediation, if remediation is necessary.
(3) Any person or firm found doing excavation in the public right-of-way on a second occasion within one year of previously doing so, is guilty of a class B misdemeanor.
(B) It shall be unlawful for any person intentionally or carelessly to throw, cast, or put into, drop, or leave in any street, gutter, sidewalk, or public place any stones, gravel, sand, coal, dirt, manure, garbage, leaves, lawn or hedge clippings, rubbish of any kind, or any other substance. A violation of this subsection is an infraction.
(C) It shall be unlawful to deposit snow in the street, if that snow was removed from a driveway or sidewalk. Snow that is removed from the street may be placed in the gutter without violating this section. A violation of this subsection is an infraction.
(D) Failure to comply with an order of permit suspension or revocation, to comply with a stop work order issued by a City official, or willful refusal to pay civil fines or fees established in subsection (A) of this section, is a class B misdemeanor. Each day of the violation constitutes a separate offense. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-1-160.]
4.05.170 Appeals.
Any person aggrieved of the denial or revocation of a permit under this chapter may appeal such decision to the City Council by filing written notice of appeal within 15 days from the date of the decision. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-1-170.]