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- It is the purpose and object of this Ordinance to establish reasonable and uniform limitations, safeguards and controls on excavation within Weber County, Utah. These provisions are deemed necessary in the public interest to effect practices which will provide protection of the tax base, provide for the economical use of vital materials necessary for our economy and give due consideration to the present and future use of land in the interest of promoting the public health, comfort, safety and general welfare.
- Enforcement Official includes the Building Official, County Engineer, Roads Director, Zoning Official, County Sheriff and their designees.
- Engineering regulation means construction specifications, and design standards must comply with the Manual of Standard Specifications, 1997 Edition.
- Excavation. For the purpose of this Ordinance, "excavation" shall mean the removal of clay, soil, granite, flagstone, slate, shale, limestone, sandstone, asphalt, concrete, road base, sand or gravel from the earth by excavating, stripping, leveling or any other process, together with all other types of mining operations where material is removed from the earth except that dredging operations in the bed of existing rivers and streams shall not be covered by this ordinance.
- Obstruction means any rubbish, glass, material, wood, metal, earth, structures, 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 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 ordinance.
- Public way means and includes all public right-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainage ways within the unincorporated areas of Weber County, Utah.
- Shoulder shall mean the gravel strip of roadway six feet wide adjacent and parallel to the hard surface roadway edge.
3-1 Enforcement Official to Enforce
- The Enforcement Officials, appointed by the Board of County Commissioners of Weber County, are hereby designated and authorized as the officers charged with the enforcement of this Ordinance.
3-2 Powers and Duties of an Enforcement Official
- It shall be the duty of an enforcement official to inspect or cause to be inspected at regular intervals of not more than three (3) months or as often as necessary all excavations. Where it is determined by an enforcement official that excavation is proceeding not in compliance with the provisions of this Ordinance, he shall enforce the provisions of this Ordinance and in performance of this duty may enter actions in the court where necessary, and his failure to do so shall not legalize any violation of such provisions.
- Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall he punished as provided by the laws of the State of Utah for Class B misdemeanors.
- All excavation operations concluded or carried on are subject to the following limitations, restrictions and controls:
- Dust, noise, vibration, smoke, lights and odor. All equipment and machinery used on the site of an excavation operation shall be constructed, maintained and operated in such a manner as to minimize dust, noise, vibration, smoke, welding, lights and odor. Access and haulage roads on the site shall be maintained in a dust-free condition by asphalt or dust-proof oil surfacing or other approved treatment as determined by an enforcement official.
- Fencing or barriers. Fencing or other suitable barriers shall be created and maintained on the excavation site or on portions of the site to mitigate the inherently dangerous conditions crested by the excavation.
- Landscaping. The planting of trees and shrubs and other appropriate landscaping should be encouraged where natural conditions make such feasible and practicable in order to screen excavation operations from normal view, to enhance the general appearance, and to minimize the damaging effect of such operations to the beauty and character of the surrounding countryside.
- Related Manufacturing Operations. The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mixed concrete, the production of asphalt mixes and any similar production or manufacturing processes which might be related to the excavation operation shall not be permitted except as otherwise provided in the Zoning Ordinance.
- Washing. The washing of sand and gravel shall be done so as to prevent the discharge of waste water on to any public or private roads or any private property without the consent of the owner.
- Hours of operation. Excavation operations shall not begin before 7:00 a.m. and shall not continue after the hour of 6:00 p.m. and no operation shall take place on Sunday or legal holidays. During periods of national and unusual emergency, time and hours of operation may be altered at the discretion of the Board of County Commissioners.
- Excavation and Backfilling.
- Where back filling is required in accordance with Chapter 10 of this Ordinance the excavation shall be graded or backfilled with non-noxious, non-inflammable, non-combustible solids. The materials used or the method of fill shall not be such as to create a health hazard nor which would be objectionable as determined by an enforcement official, because of odor or unsightliness. This backfill must be of such material as will encourage natural vegetation to reappear.
- The graded or back-filled area shall not be contoured so that it will collect and permit stagnant water to remain thereon.
- The peaks and depressions of the excavation area shall be reduced to a surface which will result in level or gently sloping topography in substantial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall.
- In any rehabilitation procedure which takes place in sand and gravel excavations or on other sites where the material is of loose or friable nature, no slope shall be left which is steeper than a ratio of 1½ horizontal to 1 vertical. In no case shall any slope exceed the normal angle of repose of the material involved.
- Time limitation. Within one year after the cessation of the operation, all temporary structures, (except fences), equipment, rock pile, rubble heaps or other debris shall be removed or backfilled into the excavation so as to leave the premises in a neat and orderly condition as determined by an enforcement official.
5-1 Rehabilitation Requirements
- In order to insure that the area of excavation operation shall be rehabilitated to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall, prior to the commencement of excavation, submit to the Board of County Commissioners of Weber County a plan for such excavation and rehabilitation in the form of the following:
- A full and adequate description of all phases of the contemplated operation and the specific mention of type of machinery and equipment which will be or might be necessary to carry on the operation.
- A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed and of public highways adjacent to the site which will be affected by the operation.
- A topographic map of the area at a maximum contour interval of five (5) feet extending beyond the site of the nearest public street or highway or to a minimum distance of three hundred (300) feet on all sides.
- A physical rehabilitation plan showing the proposed contours of the excavation before and after rehabilitation and other special features of rehabilitation, and the method by which such rehabilitation is to be accomplished.
- A bond, written by a licensed surety company, a certified check or other financial guarantee in an amount to be fixed by the Board of County Commissioners as recommended by the County Engineer sufficient to secure the performance of the rehabilitation agreement. Such amount may be determined only after an adequate and thorough investigation of such operation, and after issuance of special findings based on a rehabilitation costs analysis which clearly justifies the amount of the bond. Such agreement and financial guarantee shall be in a form approved by the County Attorney.In the event of the applicant's failure to fulfill this agreement, such bond, check or other financial guarantee shall be deemed forfeit for the purpose of performing the rehabilitation.
- Rehabilitation shall proceed as soon as practicable after termination of the excavation operations as determined by an enforcement official. However, the owner or operator may, at his option, submit a plan for progressive rehabilitation to the Planning Commission as the excavation operation is being carried on. The required bond in such case shall be sufficient to cover progressive stages of the rehabilitation as provided in approved plan for periods of not less than two (2) years.
5-2 Approval of Excavation and Rehabilitation Plans
- The Planning Commission shall consider the excavation and rehabilitation plans and all data and information pertaining thereto and shall have sixty (60) days in which to make a recommendation to the Board of County Commissioners.
- The Board of County Commissioners may approve or disapprove the proposal. If approved, the Board of County Commissioners shall instruct an enforcement official to issue an "Excavation Permit" which shall state any conditions or limitations to be imposed. If disapproved, the Board of County Commissioners shall indicate its disapproval in writing to the applicant with reasons therefore.
6-1 Approved Use
- The provisions of this Ordinance shall not apply to excavations which are necessary to a permitted use or a conditional use approved pursuant to the Weber County Zoning Ordinance.
Public Way Excavation
7-1 Excavation and Structures Prohibited
- No public way of any county road shall be dug up or excavated and no approach, road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or other structure or object of any kind or character shall be placed, constructed or maintained within any such public way except as permitted by and in accordance with the regulations of the county roads supervisor.
- Any person who violates the provisions of this section is guilty of a Class B misdemeanor.
7-2 Permit Required
- It is unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place (which shall include all area between the fence line on one side of the street or alley and the fence line on the opposite side) in the county without complying with the provisions of this chapter and obtaining a permit therefore and paying the fee as required in this chapter. An emergency excavation may be made without prior permit if the reason for the excavation is to prevent loss of life or damage to property that appears to be imminent if the excavation is delayed by waiting to contact the county roads department. In such emergency situations the excavation parties shall contact the County Engineer on the first working day following the excavation and complete and secure a formal permit. None of the provisions of these specifications are waived for emergency situations except for prior permit requirements.
7-3 Permit Application
- Applications for such permits shall be made to the County Engineer and shall describe the location of the intended excavation or tunnel, the size thereof the intended excavation or tunnel, the size thereof, the purpose therefore, the person, firm or corporation doing the actual excavation work and the name of the person, firm or corporation for whom or by which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws of the county and the state relating to the work to be done. Such application may be made by telephone if there is already on file with the engineering division the following: (1) a signed agreement that the applicant will comply with all ordinances and laws of the county and the state relating to the work to be done, and (2) the required certificate of insurance and completion bond.
- As part of the permit application and prior to the issuing of the permit, adequate engineering drawings shall be submitted to the County Engineer which will clearly indicate the extent of work to be done.
- These drawings should be prepared under the direction of a state licensed engineer and comply with the Manual of Standard Specifications, 1997 Edition, and should show the following information:
- Plans and profiles, where gradient lines are involved.
- Elevations (assumed or local sea level datum) showing depth of pipe lines, and in the case of irrigation and drainage facilities, relationship of existing flow-lines, etc.
- Scale of drawings.
- Location of excavation from nearest street intersection and street numbers thereof.
- Title block.
- Applicant's name.
- Name of person preparing the drawings
- Pipe line sizes and dimensions of structures
- or as required by the County Engineer
- Permit Duration and Time Limits: Completion Period - the completion time will be specified on the permit by the County Engineer, and in all events shall be completed within thirty (30) days from the issuance date of the permit. Requests for extension of time, together with reasons therefor, will be submitted to the County Engineer for approval.
- 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 all other requirements of the ordinance under said permit.
7-4 Work without Permit Penalty
- A person found doing work in the public way without having obtained a permit, as provided by Section 10-7-3 of this chapter, shall be required to pay a penalty fee equal to two times the normal permit fee.
- The Engineer shall collect, upon issuing a permit, the following fees, for review of the application and site inspection of the work:
- Hard surface: $0.20 per square foot with $60.00 minimum charge
- Shoulder or gravel road: $0.10 per square foot with $40.00 minimum charge
- other areas have a $20.00 minimum charge
- Sidewalk, curb and Gutter, and/or driveway approaches
- Curb and gutter: $0.40 per lineal foot
- Sidewalk, driveway approaches: $0.10 per square foot
- Minimum charge of $60.00
- An extra $150.00 fee will be charged when cutting new asphalt and the fee will be reduced $50.00 per year for the three years thereafter. For in-kind replacement of existing sidewalk, curb and gutter, or driveway approach, a no-charge permit will be issued.
- Storm Sewer & Drainage Pipelines: $0.40 per lineal foot in addition to excavation fees ($30.00 minimum charge)
- Multiple Utility Excavations: Minimum fees shall be in accordance with the following schedule, if the distance between excavation does not exceed one block (660 feet) and the excavations are accomplished within the same day:
- Minimum Charge per excavation:
- Hard Surfaced $40.00
- Shoulder or Gravel Road $20.00
- Other $10.00
- Minimum Charge per excavation:
- Any fees over $200.00 will be subject to reduction to actual review and inspection costs.
7-6 Insurance Requirements
- No such permit shall be issued unless and until the applicant therefore has posted with the County Engineers Office a certificate of insurance in a company authorized to issue insurance by the state, evidencing that such applicant has comprehensive general liability and property damage policy that includes contractual liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) for injuries, including accidental death to any one persons in any occurrence; in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of injuries sustained by two or more persons in any one occurrence, and property damage insurance in an amount not less than One Hundred Thousand Dollars ($100,000) for any one occurrence. The insurance policies shall further contain the following provisions:
- To indemnify, save harmless and defend the county 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;
- To indemnify, save harmless and defend the county from any and all liability for the county s own negligence occurring by reason of the opening or excavation. This indemnification agreement covering tile county's liability for its own negligence shall not apply to injuries or damages sustained while county employees are present at the excavation pouring cement or asphalt therein;
- To indemnify, hold harmless and defend the county, 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;
- Naming the county as an additional insured and providing that thirty (30) days notice shall be given to the county prior to termination of the 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 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.
7-7 Completion Bond
- No such permit shall be issued unless and until the applicant has posted with the County Engineer a completion bond, the amount of which is to be approved by the County Engineer. The amount of the bond shall be sufficient to reasonably insure the proper restoration of the ground and the laying of pavement, if any. Should the applicant fail to perform, the expense to the county of restoring the surface of the ground and pavement shall be deducted from the bond and the balance shall be returned to the applicant without interest after the tunnel or excavation is restored. A separate completion bond shall not be required, however, where the restoration of the ground and the laying of the pavement is specifically granted under the provisions of another bond. The bond shall further guarantee the restoration of the worksite for a period of three (3) years from the completion date of the restoration, reasonable wear and tear excepted.
7-8 Application Requirements for Districts
- Water conservancy districts, sewage districts, special districts or other entities that under certain circumstances are or may be exempt from bonding provisions, shall make application, as required in this chapter, before proceeding to make excavations in any street, alley or other public place in the county. Such districts or other entities shall comply with all requirements of this chapter pertaining to the restoration of a cut surface to its original condition and shall indemnity the county for any loss, liability or other damage resulting from the making of any excavation, and shall also pay all fees required by Section 10-7-5 of this chapter. Where lateral cuts are made by any such district or entity for customer connections to the works of the district or other entity, a fee shall be paid in accordance with Section 10-7-5 of this chapter, either by such district or entity (if it makes the excavation and/or connection), or by the customer for whom the excavation or cut is made. The districts shall further guarantee the restoration of the worksite for a period of three (3) years from the completion date of the restoration, reasonable wear and tear excepted.
7-9 Manner of Excavation
- It is unlawful to make any excavation or tunnel in any way contrary to or at variances with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground. No portion of an excavation below the surface shall extend beyond the opening at the surface.
- No injury shall be done to any pipes, cables or conduits in the making of such excavation or tunnels. Notice shall be given to the County Engineer and other persons maintaining such pipes, cables or conduits that are or may be endangered or affected by the making of any excavation or tunnel before such pipes, cables or conduits shall be disturbed.
- No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
7-10 Sidewalk and curb ramps
- If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided that shall be safe for travel and convenient for users.
- General - Inspections will be made to insure that all work done under the permit is performed in a good workmanlike manner. Inspections will be made by the County Roads Director, the County Engineer, or his duly authorized representative.
- During Construction - The County Roads Director, the County Engineer, or his duly authorized representative may make inspections at any time during the construction period. If the work is not progressing satisfactorily for the protection of the County and the people of the County, or if any part of the work is found to be sub-standard and not in accordance with these specifications, then the inspector will notify the person or persons responsible. If corrective action is not taken, the County Engineer shall be authorized to employ a third party contractor to finish the work in a good, workmanlike manner, and any and all costs and expenses for same shall be immediately paid by the applicant to Weber County, or a claim will be made on the applicant's bond, at the County Engineer's option.
- Final - The applicant and/or his contractor will notify the County Engineer when he has completed his work. He will request a final inspection of the place of excavation. Such final inspection will be made by the County Roads Director, the County Engineer, or his duly authorized representative.
7-12 Backfill Requirements
- Material for backfill under paved areas shall be of a select nature. All large broken concrete, peat, decomposed vegetable matter and similar materials obtained from the excavation shall be removed from the site prior to the beginning of backfilling. All backfill shall be placed in layers or lifts consistent with the nature of the soil involved. Compaction shall be obtained by mechanical rollers, tampers or other improved means. Material used for backfilling shall be properly moistened or watered to the correct moisture content to insure proper compaction. Jetting, internal vibrating methods of compacting sand fill, or similar methods of compacting sand or similar granular, free-draining materials will be permitted. No frozen material shall be used for backfill under paved surfaces. The intent of this provision is to insure that the density dry of the backfill under pavements, sidewalks, curbs or other structures shall be not less than that of the surrounding unmolested soil. The required percentage of compaction is: eighty-five percent (85%) on the public way outside of the road and shoulder; ninety-five percent (95%) on the road and shoulder.
7-13 Restoration of Surface Required
- Any person making any excavation or tunnel in or under any public street, alley or other public place in the county shall, at his own expense, restore the surface to its same type and depth of pavement as that which is adjoining, including the gravel base material with a four inch (4") minimum compacted asphalt hot plant mix. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. All restoration shall conform to the standards and regulations promulgated by the roads department, and all restorations shall be accomplished within seventy-two hours from the time of the excavation, unless additional time is granted in writing by the County Engineer. If, within the preceding three (3) years, the county has resurfaced the pavement with either asphalt, chip seal, or slurry seal, the permittee shall be responsible for resurfacing the entire width of the excavated pavement, from curb to curb. Such resurfacing shall be made with either asphalt, chip seal, or slurry seal, as determined by the County Engineer and shall conform to county standards and specification.
- The County Engineer has authority to suspend operations under excavation permits where, in his judgment, climatic changes would prevent proper restoration of pavement surfaces.
- Restoration shall be a T-cut, this requires the excavator to restore the road surface a minimum of one (1) foot on each side of a cut.. (d) If a cut is more than one quarter (1/4) of the road surface, the excavator must overlay the entire road surface.
7-14 Restoration of Surface by County
- The person doing the actual excavating work may, at its option, request that the roads department restore the surface to its original condition. The fee for such resurfacing shall be determined by the County Engineer in accordance with its reasonable costs for such work and shall be charged to the person, firm or corporation making the excavation. A minimum fee of One Thousand Five Hundred Dollars ($1,500) will be charged in all cases; except for chip seal or slurry seal, for which the minimum fee will be One Hundred Dollars ($100).
7-15 Failure to Comply
- If the person doing the actual excavating work or other person for whom the work is being done shall fail to restore the surface to its original condition in accordance with the standards required in this chapter, or to request that the roads department do so within forty-eight hours after the receipt of written notice from the County Engineer, the director of the roads department may authorize and employ the necessary assistance to restore the surface to its original condition. The roads department shall prepare an itemized statement of all expenses incurred in such restoration and shall mail or hand deliver a copy thereof to the excavator and to the person for whom the work was done and to the bond holder, demanding payment within twenty days of the date of mailing. The notice shall be deemed delivered when hand delivered or mailed by certified mail, addressed to the last known address of the permittee.
7-16 Collection of Expenses by Lawsuit
- In the event collection of the county's expenses must be made in court, the county shall sue and receive judgment for all expenses incurred in the restoration of the property, together with reasonable attorney s fees, interest and court costs. The county shall execute upon such judgment in the manner provided by law.
7-17 Protection of the Public
- Signs – Information and warning sings, portable or semi-portable, will be provided at the place of excavation to inform and warn the public. The name of the applicant and/or his contractor shall appear on said signs, together with telephone numbers to permit sheriff's patrols, inspectors and others to call responsible individuals in cases of accidents, injuries, mal-function of lights, or similar reasons.
- Barricades – All barricades, obstructions, and soft shoulder shall be marked in a conspicuous manner.
- Lights – Adequate warning lights will be used between sunset and sunrise.
- Detours – Safe and proper detours will be provided and maintained during construction. If detours are necessary notification at least 24 hours in advance will be given to the County Engineer, who in turn will notify all local agencies using the County Road System.
- Flagmen – Flagmen will be provided where free flow of traffic is interfered with. On major County roads advance warning signs advising of the presence of flagmen will be posted in both directions. The flagmen will be equipped with plainly visible flags and/or signs with which to signal traffic.
- Notification of Road Closure – Where it becomes necessary to close a road for any period of time, the applicant and/or his contractor shall notify the County Engineer and the County Engineer will notify the County Sheriff, Fire Department, School buses, Postal Department, and other local agencies using the said road. Where feasible, the public shall be notified 24 hours in advance of a road to be closed.
- Maintenance – The place of excavation shall be maintained at all times in such a manner as to cause the least amount of inconvenience to the public.