CHAPTER

11-100. SUBDIVISION APPLICATIONS.

PART

11-110. GENERAL.

11-111. PURPOSE. The purpose of this Chapter is to comply with Utah Code (notably §10-9a-6), establish an efficient method for reviewing subdivision applications, and promote the health and general welfare of the Town’s current and future residents.

11-112. SCOPE OF APPLICABILITY. This Chapter applies to all applications or petitions to subdivide land in the Town, regardless of the intended use (commercial, residential, etc.). The requirements of this Chapter do not apply retroactively to subdivision applications or petitions that were approved by the Town prior to the enactment of this ordinance.

11-113. APPROVED AND RECORDED DOCUMENTS REQUIRED.

A.     No land shall be subdivided which is located wholly or in part in the Town, except in compliance with this Chapter and Utah Code as adopted and amended.

B.      A subdivision of land is not valid unless its governing document is approved by the Land Use Authority and properly recorded in the County Recorder’s Office.

11-114. PENALTY FOR NONCOMPLIANCE. It is unlawful to transfer ownership of any parcel of land pursuant to an invalid subdivision. The Town may, in its discretion, void such transfers. Additionally, any person who transfers ownership of a parcel of land pursuant to a subdivision that has not been approved under this Chapter shall be criminally liable for a Class C misdemeanor.

11-115. DEFINITIONS. The following words and phrases, as used in this Chapter, shall have the following meanings. All definitions included in the Altamont Zoning Ordinance shall also apply to this Chapter, where and when needed. Whenever any words or phrases used in this chapter are not defined herein, the most common usage of such word or phrase shall be deemed to apply.

A.     "Improvement plan" means a civil engineering plan to complete permanent infrastructure and municipally controlled utilities on the subdivision that is essential for the public health and safety, that is required for human occupation, or that is required by applicable law and that an applicant must install in accordance with public installation and inspection specifications for public improvements and as a condition of recording a subdivision plat.

B.      “Land use application” means an application required by the Town and submitted by a land use applicant to obtain a land use approval; this does not mean an application to enact, amend, or repeal a land use regulation.

C.      "Land use authority" means an individual, board, or commission appointed or employed by a municipality to make land use decisions. “Land Use Authority” includes any appropriately authorized designees.

D.     “Plat” means an instrument subdividing property into lots as depicted on a map or other graphic representation of land that a licensed professional land surveyor makes and prepares in accordance with §10-9a-603 or §57-8-13 of Utah State Code (as amended).

E.      "Subdivision" means any land which is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions.

1. Subdivision includes:
1. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
2. Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
2. Subdivision does not include:
1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
2. A boundary line agreement recorded with the Office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with §10-9a-524 of Utah State Code (as amended) if no new parcel is created;
3. A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels or joining a lot to parcel;
4. A road, street, or highway dedication plat; or
5. A deed or easement for a road, street, or highway purpose.

F.      “Water conveyance facility” means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. “Water conveyance facility” does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility.

11-116. SUBDIVISION LAND USE AUTHORITY.

A.     The Land Use Authority for applications under this Chapter is the Subdivision Review Committee (SRC). The membership of the SRC shall be determined by the Town Council and shall include an engineer licensed according to Utah Code §58-22 and contracted or employed by the Town. The SRC shall meet on an as-needed basis and shall act through majority vote. For purposes of subdivision applications, the SRC shall be responsible for the following, but may delegate any responsibility to Town staff:

1.       Rendering land use decisions related to subdivision applications.

2.       Reviewing subdivision applications in an impartial manner and according to the standards and deadlines described in this Chapter.

3.       Holding a public hearing for subdivision applications (when needed).

4.       Providing feedback to applicants on their subdivision applications.

5.       Scheduling and holding a pre-application meeting with potential applicants (when requested).

6.       Keeping application forms and related informational material up to date and publicly accessible and distributing such forms and materials to potential applicants. This task is delegated to Town staff by default.

7.       Providing notice to entities and parties as required by this Chapter. This task is delegated to Town staff by default.

8.       Ensuring that documents are properly recorded with the County after final approval as required by this Chapter. This task is delegated to Town staff by default.

1. The Subdivision Review Committee is authorized to approve or deny subdivisions under this Chapter without Town Council approval.
2. Except when operating as the Appeal Authority, the Town Council shall not approve or deny, and shall not require the Subdivision Review Committee to approve or deny, any subdivision application under this Chapter.

11-117. SUBDIVISION APPEALS.

1. The Appeal Authority for Town decisions relating to this Chapter (e.g., approval or denial of a subdivision application), except where otherwise noted, is the Town Council.
2. The Appeal Authority shall hear appeals on final decisions made by the Land Use Authorities and shall hear complaints about the conduct of the Land Use Authorities in administering the provisions of this Chapter.
3. A party appealing or complaining of a Land Use Authority’s decision under this Chapter must exhaust its remedies under this section (by appealing or complaining to the Appeal Authority) before bringing an action against the Town in a court of law.
4. A party who has submitted a subdivision application or petition may appeal or complain to the Appeal Authority under this Chapter. In such an appeal or complaint, the party may appeal or complain only regarding the Land Use Authority’s treatment of that party’s own application; a third party may not appeal or complain of Land Use Authority decisions or conduct.
5. A party desiring to appeal or complain of a Land Use Authority decision shall submit to the Appeal Authority the following in writing:
1. A brief explanation of the relief the party is seeking, the reason the party submitted its application or petition, the Land Use Authority’s decision and treatment of the application or petition, and why the applicant believes the Land Use Authority misapplied the provisions of this Chapter or abused the discretion given it by this Chapter.
2. The most recent version of the application or petition the party submitted.
3. Any supplemental documentation or information that the Appeal Authority requests.
4. All appeals and complaints must be emailed or mailed to the Town Recorder using the Recorder’s official Town address and/or email account listed on the Town website.
6. After receiving a complete appeal or complaint in accordance with this Section, the Appeal Authority shall deliver a decision to the applicant, in writing, no later than 45 calendar days after the Appeal Authority receives the appeal or complaint.

PART

11-120. SUBDIVISION APPLICATION REQUIREMENTS.

11-121. CONFORMITY. The Town shall not approve, nor shall a party record, any plat or other creating instrument for a new subdivision unless the party has properly applied under this Chapter and received approval from the Subdivision Review Committee.

11-122. PROCESS AND REQUIREMENTS. 

A.     To be considered complete, a subdivision application must include at least the following elements:

1.       An approved land use application that describes how the property will be used after it is subdivided.

              i.            If the intended use is permitted by right under Town ordinances, the land use application must include citations to the specific ordinance(s) that the applicant believes authorizes the intended use.

             ii.            If the intended use requires a conditional use permit or is otherwise conditioned on Town approval, the land use application must include an approved, Town-issued permit authorizing the intended use. Should an applicant seek a use permit concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the use permit is issued.

              iii.            If the intended use is prohibited under Town ordinances and requires a variance or rezone, the land use application must include an approved, Town-issued variance or rezone authorizing the intended use. Should an applicant seek a variance or rezone concurrently with a related subdivision application, the subdivision application shall be considered incomplete until the variance is issued or rezone occurs.

2.       A plat, unless exempted under Section 11-123. The plat must be drawn to scale, in detail, and in accordance with generally accepted surveying standards and the acceptable filing standards of the County Recorder’s Office. The plat must include:

              i.            The proposed subdivision name, which must be distinct from any subdivision name on a plat recorded in the County Recorder's office.

               ii.            The boundaries, course, and dimensions of all proposed parcels.

               iii.            The lot or unit reference; block or building reference; street or site address; street name or coordinate address; acreage or square footage for all parcels, units, or lots; and length and width of the blocks and lots intended for sale.

               iv.            Every existing right-of-way and recorded easement located within the plat for underground, water, and utility facilities.

               v.            Any known and unrecorded water conveyance facility located, entirely or partially, within the plat.

                vi.            Whether any parcel is intended to be used as a street or for any other public use.

                vii.            Whether any parcel is reserved or proposed for dedication for a public purpose.

                viii.            If any portion of the proposed subdivision is within 300 feet of an Agriculture Protection Area, the notice language found in Utah Code §17-41-403(4).

                 ix.            If any portion of the proposed subdivision is within 1,000 feet of an Industrial Protection Area, the notice language found in Utah Code §17-41-403(4).

                 x.            If any portion of the proposed subdivision is within 1,000 feet of a Critical Infrastructure Materials Protection Area, the notice language found in Utah Code §17-41-403(4).

                xi.            If any portion of the proposed subdivision is within 1,000 feet of a Mining Protection Area, the notice language found in Utah Code §17-41-403(4).

                 xii.            If any portion of the proposed subdivision is within 1,000 feet of a Vested Critical Infrastructure Materials Operation (extracting, excavating, processing, or reprocessing sand, gravel, or rock aggregate where that use is not permitted by Town ordinances), the notice language found in Utah Code §10-9a-904.

                xiii.            If the subdivision includes a condominium, the requirements found in Utah Code §57-8-13, as amended.

3.       Reports and studies, including:

                i.            A traffic study, if one is required by an applicable UDOT Access Management Plan (such as by virtue of the plat touching a road built or maintained by UDOT) or requested by the Land Use Authority.

                ii.            Any other study or report reasonably necessary to ensure compliance with Town design standards and improvement requirements.

4.       An improvement plan, created in accordance with applicable portions of Chapter 11-200 of this Title, for all public improvements proposed by the applicant or required by Town ordinances.

                i.            In addition to the requirements in Chapter 11-200, the improvement plan must contain an engineer’s estimate of the cost of completing the required improvements.

5.       Certifications, including:

                i.            An affidavit from the applicant certifying that the submitted information is true and accurate.

                ii.            The signature of each owner of record of land described on the plat, signifying their consent to the subdivision application and their intent to dedicate portions of the plat to the public as described in the application.

                iii.            Certification that the surveyor who prepared the plat:

a.       Holds a license in accordance with Utah Code 58-22; and

b.       Either

(1)    Has completed a survey of the property described on the plat in accordance with state requirements and has verified all measurements; or

(2)    Has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and

c.       Has placed monuments as represented on the plat.

                iv.            A Title Report or Title Insurance Policy for the land to be subdivided verifying property ownership.

                v.            A Tax Clearance Certificate from the state indicating that all taxes, interest, and penalties owing on the land have been paid.

                vi.            Owner's Certificate of Dedication.

1. Proof of approval by the culinary water authority, the sanitary sewer authority, the TriCounty Health Department, the local fire department, and the local public safety answering point.

6.       A completion assurance for all public improvements required by the approved improvement plan, or a statement that such improvements will be completed before development occurs on the proposed subdivision and before the applicant records the plat, as required by Part 11-213 of this Title.

7.       Binding dedication documents, including:

                i.            As applicable, formal, irrevocable offers for dedication to the public of streets, Town uses, utilities, parks, easements, or other spaces.

                ii.            If the plat is to be part of a community association, signed and binding documents conveying to the association all common areas.

1. Copies, including:
1. One electronic copy of the final plat in AutoCAD format, with a projection assigned to the file(s) and with the proper metadata that describes what coordinate system/projection the data is assigned to.
2. A PDF document of the complete application (including the plat and all other plans and supporting documents required by this Section).
3. Three 8.5” x 11” printed copies of the complete application, delivered to the Town office, for review.
4. A copy of the plat drawn on Mylar for signing and recording. The applicant may wait to produce this recording-form copy until the Land Use Authority has completed two review cycles, but in such case, the Land Use Authority need not approve the application until this copy has been produced and reviewed.

9.       Payment of any application-processing fees required by the Town. In addition to any fees listed on the Town’s Fee Schedule, the applicant shall be liable for any reasonable costs the Town incurs in obtaining engineering, legal, or consulting review of the application.

1. The Subdivision Review Committee (or Town staff, as delegated) shall produce, maintain, and make available to the public a list of the specific items that comprise complete subdivision applications and a breakdown of any fees due upon submission or approval of the applications.
2. The Subdivision Review Committee may require, and the applicant shall provide, additional information beyond the requirements of this Section or those published by the Town relating to an applicant’s plans to ensure compliance with Town ordinances and approved standards and specifications for construction of public improvements and to protect the health and safety of Town residents.
3. Notwithstanding 11-122.A, the Subdivision Review Committee may, in its sole discretion, waive any of the specific requirements found in this Subsection on a case-by-case basis.

11-123.  EXCEPTIONS TO SPECIFIC APPLICATION REQUIREMENTS.

1. Agricultural Land:
1. Applications to subdivide agricultural land are exempt from the plat requirements (but not the other application requirements) of Section 11-122.A if the resulting parcels:
1. Qualify as land in agricultural use under Utah Code §59-2-502;
2. Meet the minimum size requirement of applicable Town land use ordinances; and
3. Are not used and will not be used for any nonagricultural purpose.
2. For subdivision applications for which this exception applies, an applicant may submit to the Town—in place of a plat—a record of survey map that illustrates the boundaries of the parcels.
3. If the Town approves a subdivision application based on a record of survey map, the applicant shall record the map, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Sections 11-132 and 11-133.
4. If a parcel resulting from a subdivision under this exception ever ceases to be used for agriculture, the subdivision shall become invalid. The Town may, in its discretion, impose the penalty in Section 11-114 and/or require a subdivision amendment before issuing a building permit.
2. Development Agreements:

1. Subdivisions platted in a valid development agreement are exempt from the application requirements (Section 11-122) and review and approval requirements (Section 11-131) of this Chapter.
2. Clauses in a valid development agreement with the Town superseded all conflicting requirements in this Title, except where a clause in the development agreement poses a substantial danger to the health and safety of Town residents.

11-124.  PRE-APPLICATION MEETING.

1. A party intending to submit a subdivision application under this Part may request a pre-application meeting with the Subdivision Review Committee or other Town staff for the purpose of reviewing any element of the party’s proposed subdivision application. The proposed application need not be complete for purposes of this meeting and may—if the party desires—be limited to a concept plan.
1. If a party requests a pre-application meeting, the Town shall schedule the meeting within 15 business days after the request. The meeting shall be scheduled at the earliest convenient opportunity, and, at the option of the party requesting the meeting, shall occur within 20 business days after scheduling.
2. The Subdivision Review Committee or delegated Town staff shall conduct the meeting, provide feedback on materials as requested by the party, and shall provide or have available on the Town website the following at the time of the meeting:
1. Copies of applicable land use regulations,
2. A complete list of standards required for the project, and
3. Relevant application checklists.

11-125. NOTICE TO AFFECTED ENTITIES.

1. Within 15 calendar days after receiving a complete subdivision application under this Part, Town staff shall provide written notice of the proposed subdivision to the facility owner of any known water conveyance facility located, entirely or partially, within 100 feet of the subdivision plat.
1. To determine whether any water conveyance facility is located within 100 feet of a proposed subdivision, Town staff shall review information:
1. From the facility owner under Utah Code §10-9a-211, using mapping-grade global positioning satellite units or digitized data from the most recent aerial photo available to the facility owner;
2. From the state engineer's inventory of canals; or
3. From a licensed surveyor who has consulted with a representative of an existing water conveyance facility that services an area near the land the application concerns.
2. To give water conveyance facilities time to provide feedback on subdivision applications, the Land Use Authority shall not approve a subdivision application under this Chapter sooner than 20 calendar days after the applicant submits a complete application. This waiting period does not apply to revised applications the applicant may submit during the application review process.
1. A water conveyance facility owner’s failure to provide comments to the Land Use Authority about a subdivision application does not affect or impair the Land Use Authority’s authority to approve the subdivision application.

PART

11-130. REVIEW AND APPROVAL.

11-131. REVIEW.

1. The Land Use Authority shall review all subdivision applications in accordance with the requirements of this Section before approving or denying those applications.

1. The review process begins when an applicant submits a complete application.
1. The Land Use Authority shall not review an incomplete subdivision application, except to determine whether the application is complete.
2. If the Land Use Authority determines that an application is incomplete, it shall notify the applicant of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until it is complete.
2. After the applicant submits a complete application, the Land Use Authority shall review and provide feedback to the applicant in a series of “review cycles.”
1. A review cycle consists of the following phases:

                                                              i.      Phase #1: The applicant submits a complete application (or, if after the first cycle, submits a revised version of the complete application).

                                                            ii.      Phase #2: The Land Use Authority reviews the application in detail and assesses whether the application conforms to local ordinances.

                                                          iii.      Phase #3: The Land Use Authority responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant. For any required modification or addition to the application or request for more information, the Land Use Authority shall be specific and include citations to ordinances, standards, or specifications that require the modification or addition and shall provide the applicant with an index of all requested modifications or additions.

                                                           iv.      Phase #4: The applicant revises the application, addressing each comment or requirement the Land Use Authority made. The applicant must submit both revised plans and a written explanation in response to the Town’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. This written explanation must be comprehensive and specific, including citations to applicable standards and ordinances and an index of requested revisions or additions for each required correction. If the applicant fails to respond to a comment made by the Land Use Authority in its review, the review cycle is not complete and will remain open until the applicant addresses all comments.

Table 11-131 – Review Cycles, Hearings, and Timelines by Subdivision Use Type

Use Type

Max Review Phases

Max Public Hearings

Town Turnaround Deadline*

All Uses

4

1

30 Business Days

*Describes the total time (per review cycle) the Town may take to complete both Phase #2 and Phase #3.

1. A Land Use Authority (and other Town representatives or agents) shall adhere to the maximum number of review cycles and the review deadlines described in Table 11-131, except as described below. If no further revisions are needed, the Land Use Authority may end the review process early and approve or deny the application.
1. This provision notwithstanding, for any subdivision application that affects property within an identified geological hazard area, the Town is exempt from limits on the number of permitted review cycles and the Town’s deadlines for reviewing and responding (Phases #2 and #3).
2. If the applicant makes a material change to the application not requested by the Town at any point in the review process, the Land Use Authority may restart the review process, but only with respect to the portion of the application that the material change substantively affects.
3. If an applicant takes longer than 40 business days to submit a revised subdivision improvement plan responding to the Town’s requests for modifications and additions (in Phases #1 and #4), the Town shall have an additional 20 business days to review and respond to the revised application (Phases #2 and #3 of the next review cycle or issuing an approval decision).
4. If an applicant takes longer than 180 calendar days to submit a revised application and respond to the Town’s requests for modifications and additions (Phases #1 and #4), the application shall, at the option of the Land Use Authority, expire. If an application expires, the applicant must restart the subdivision application process.
2. After the fourth or final review cycle is complete, the Land Use Authority shall approve or deny the application within 20 business days.
1. If the Land Use Authority has not approved or denied the application within 20 business days after the allotted review cycles are complete, the applicant may request a decision. After such a request, the Town shall, within 10 business days:
1. For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code §10-9a-508(5)(d) to review and approve or deny the revised set of plans; or
2. For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the designated Appeal Authority.
3. After the Land Use Authority provides comments in the fourth or final review cycle, the Town shall not require further modifications or corrections to the application unless those modifications or corrections are necessary to protect public health and safety or to enforce state or federal law or unless the review cycle reset due to the applicant making a material change that the Land Use Authority did not request.
1. With the exception of modifications or corrections that are needed to protect public health and safety, that are needed to enforce state or federal law, or that arise from the review cycle being reset, the municipality waives noncompliant subdivision-related requirements that the Land Use Authority does not identify during the review process.
2. The applicant shall make reasonable changes, unless prohibited otherwise by a contract or deed, to the subdivision application to accommodate the water conveyance facility to the extent required by Utah Code §73-1-15.5.
4. The Land Use Authority or other Town body may conduct one or more public hearings (up to the number described in Table 11-131) during the review period for a subdivision application.
1. The purpose of these public hearings is to ask questions of the applicant and receive commentary on the technical aspects of the application from affected entities, interested parties, and the public.
2. If the Land Use Authority elects to hold a public hearing, the hearing must occur before the end of the Land Use Authority’s review period in the fourth or final review cycle. Scheduling issues shall not extend the review and approval deadlines in this Chapter.
5. Other chapters of this Title notwithstanding, the Land Use Authority shall approve or deny a subdivision application under this Part after reviewing a complete subdivision application as described in this Section. This singular application and review process includes the combined elements of traditional “preliminary” and “final” applications, as those terms are used in Utah Code § 10-9a-604.2. For purposes of applying Utah Code §10-91-604.1(3)(a) and §10-91-604.1(9)(b), this Chapter describes a “preliminary” review and approval, with “final” approval happening automatically when the plat is recorded.

11-132. APPROVAL.

1. The Land Use Authority shall approve any complete subdivision applications made under this Part that comply with applicable Town ordinances.
2. A subdivision application is approved when the Land Use Authority certifies the approved plat, either by signing the plat directly or by attaching a signed certification to the plat.

11-133.  POST-APPROVAL ACTIONS.

1. The applicant shall record the approved subdivision plat with the County Recorder’s Office within 365 calendar days after the Land Use Authority approves the subdivision application, provided that the applicant has completed any improvements or posted any performance guarantee required by Town ordinances or described in the approved improvement plan. The applicant shall not record the approved subdivision plat until such improvements are completed or guaranteed in compliance with Town ordinances and the approved improvement plan.
1. An approved plat not properly recorded within the timeline specified in this provision is void, unless the Subdivision Review Committee approves an extension.
2. Town staff shall submit to the Utah Geospatial Resource Center (so the subdivision can be included in the 911 database), within 30 calendar days after the application is approved, either:
1. An electronic copy of the approved plat; or
2. Preliminary geospatial data that depict any new streets and situs addresses proposed for construction within the bounds of the approved plat.

PART

11-140. AMENDMENTS AND LOT LINE ADJUSTMENTS.

11-141. AMENDING A SUBDIVISION.

1. The Town Council may vacate a subdivision or a portion of a subdivision by enacting an ordinance to that effect that describes the subdivision or the portion being vacated and recording that ordinance in the County Recorder's Office.
2. A property owner or agent of a property owner may correct minor typographical or clerical errors in a document of record by filing with the County an affidavit or other appropriate instrument. This provision does not apply to changing the name of a subdivision, which requires a material amendment described in the following provisions.
3. A fee owner of land in a platted subdivision may request a material subdivision amendment by filing a written petition with the Subdivision Review Committee. This petition must meet all the requirements for a subdivision application specified in Section 11-11_, with the following changes:
1. The plat (or the record of survey map, if applicable) should:
1. Depict only the portion of the subdivision that is proposed to be amended;
2. Include a plat name distinguishing the amended plat from the original plat;
3. Describe the differences between the amended plat and the original plat;
4. Include references to the original plat; and
5. Meet all the other plat requirements specified in Section 11-122(A)(2).
2. The petition must additionally include the name and address of each property owner affected by the petition and the signature of each of those property owners who consents to the petition.
1. The petitioner must include with the petition envelopes addresses to each property in the subdivision.
3. Upon receipt of an amendment petition, the Town Council (or Town staff, as delegated) shall provide notice of the petition to:
1. Each utility provider that services a parcel of the subdivision. The Town shall not approve an amendment petition until at least 10 calendar days after noticing these utility providers. The Town may notify the utility providers in any effective manner (email, mail, etc.).
2. Each property owner in the subdivision. The Town shall notify these property owners by mail.
4. The Town Council shall hold a public hearing before approving an amendment petition and within 45 calendar days after the day on which the petition is submitted if:
1. A property owner objects in writing to the amendment within 10 days of the Town notifying the property owner by mail, or
2. Not every property owner in the subdivision has signed the revised plat.
5. Notwithstanding Section 11-134(D), the Town Council need not hold a public hearing if notice has been given to adjoining property owners in accordance with any applicable local ordinance and the petition seeks to:
1. Join two or more of the petitioner’s contiguous lots;
2. Subdivide one or more of the petitioner's lots;
3. Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision;
4. On a lot owned by the petitioner, adjust an internal lot restriction imposed by the local political subdivision; or
5. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the petitioner or designated as a common area.
6. If the Town Council approves the amendment petition, the Town Council shall sign the amended plat in the manner described in Section 11-132(B), and the petitioner shall record the plat, subject to the completion or guarantee of any improvements, as described in Section 11-133.

11-142. LOT LINE ADJUSTMENTS.

1. The fee owners of two parcels may petition to adjust the lot line separating the parcels without a subdivision amendment. Such a petition shall include:
1. A record of survey map and a metes-and-bounds description showing the adjustment.
2. An explanation of the reason for the adjustment.
3. Signatures from all the parcel owners involved in the adjustment.
4. Any other information the Town Council requests.
2. If the adjustment will not result in a violation of a land use ordinance or an adverse development condition, the Town Council shall approve the petition.
3. If the adjustment is approved, the Town Council shall sign the record of survey map and accompanying metes-and-bounds description, and the petitioner shall record the document in the County Recorder’s Office.

CHAPTER

11-200. IMPROVEMENTS AND DESIGN STANDARDS.

PART

11-210. SUBDIVISION IMPROVEMENTS.

11-211. REQUIRED IMPROVEMENTS. The following improvements are required for all subdivisions, except those that qualify under the Agricultural Land exemption of Section 11-123(A):

1. Utilities, including water, sewer, telephone, cable, gas, and electricity.
2. Streets, curbs, gutters, and sidewalks.
3. Street Grading and Surfacing.
4. Storm Water Drainage.
5. Fire hydrants.
6. Street lights, signs, and monuments.
7. Any other infrastructure (or infrastructure improvement) that is reasonably necessary to meet the needs of the proposed development.
1. The Land Use Authority may require an analysis to be completed and provided to determine if adequate public facilities and services are available to serve the proposed development and if such development will change the existing levels of service, or will create a demand for services that exceeds acceptable service levels. Public facilities that may be required by the Land Use Authority to be included in a public facilities analysis include, but are not limited to, road and street facilities and capacities, intersection and bridge capacities, culinary water facilities, sanitary sewer facilities, storm drainage facilities, fire protection and suppression facilities, park and recreational facilities, culinary water pressure, fire and emergency services response times, police protection services, and other required public facilities and services. The Land Use Authority may deny or modify any proposed development activity if the demand for public facilities and services exceeds accepted or adopted levels of service, or require an applicant for an approval, license, or permit to provide the required facilities and services concurrent with the demand created by the development activity, consistent with all applicable legal authorities.

11-212. COMPLETION OF IMPROVEMENTS.

1. Before a subdivision plat may be recorded, and before a building permit may be issued, all improvements required by this Part or other Town ordinances shall be either:
1. Completed, inspected, and accepted by the Town, or
2. Guaranteed according to Section 11-213.
2. The decision whether to guarantee an improvement or to complete it before recording and obtaining a building permit rests solely with the applicant.
3. All improvements are subject to Town inspection before such improvements may be accepted by the Town or considered complete. The Land Use Authority shall be responsible for conducting such inspections. Improvements shall be accepted only if they conform to applicable Town ordinances (notably Part 11-200 of this Title) and do not pose a risk to public health or safety. All public improvements are subject to the warranty described in Section 11-213.
4. The provisions of this Part do not supersede the terms of a valid development agreement, an adopted phasing plan, or the state construction code.

11-213. IMPROVEMENT GUARANTEES, COMPLETION ASSURANCES, AND WARRANTIES.

1. If an applicant elects to guarantee any required improvement, the applicant shall provide completion assurance for 110% of the cost of the improvement, guaranteeing that the improvements will be completed within two years after the date of the guarantee.
2. For the purpose of posting an improvement guarantee, the cost of the improvement shall be determined by an engineer's estimate or licensed contractor's bid.
3. The Town shall accept any of the following forms of guarantee for an improvement:
1. Bond. The applicant may furnish a bond with corporate surety, which bond shall be approved by the Town Attorney and filed with the Town Recorder.
2. Escrow. The applicant may make a deposit in escrow with an escrow holder approved by the Town Council, under an escrow agreement approved by the Town Attorney and filed with the Town Recorder.
3. Letter of Credit. The applicant may provide a letter of credit from a financial institution approved by the Town Council, under an agreement to complete the improvements that is approved by the Town Attorney and filed with the Town Recorder.
4. As improvements are completed, inspected, and accepted by the Town, the Town Council shall, each quarter, at the option of the applicant, issue a partial release of bonded or escrow funds proportional to the improvements accepted during the prior quarter.
5. The Town shall not require improvement guarantees for any of the prohibited uses listed in Utah Code §10-9a-604.5(3)(d), including improvements the Town has previously inspected and accepted, private improvements that are not essential to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation.
6. Upon acceptance of all required improvements, the applicant shall warrant that said improvements shall remain free from defects in material and workmanship for a period of 12 months after the date of acceptance by the Town. The subdivider shall be solely responsible for all repairs and maintenance required to keep the improvements in good working condition for this 12-month period.

PART

11-220. SUBDIVISION DESIGN STANDARDS.

11-221. SUBDIVISION DESIGN STANDARDS, GENERALLY. The following standards shall apply to the design and construction of all improvements required by Town ordinances:

1. The current (2007) edition of the Manual of Standard Specifications published by the Utah Chapter of the American Public Works Association (APWA), as amended. References to “owner” shall mean Altamont Town and references to “engineer” shall mean Altamont Town’s engineer.
2. The current (2007) edition of the Manual of Standard Plans published by the Utah Chapter of the American Public Works Association (APWA), as amended.
3. The town’s lot and zoning restrictions.
4. Any other requirements in this Title.

11-222.  LOT SIZE REQUIREMENTS.

No subdivision is permissible that does not comply with the lot size, frontage, width, depth, and all other requirements of the Town’s Land Use Ordinances and current Zoning Map.  

CHAPTER       11-300. STREETS AND PUBLIC WAYS.

PART   11-310. SUPERINTENDENT OF STREETS.

11-311. DEPARTMENT - SUPERINTENDENT OF STREETS.

            A.        There is hereby created a department of streets which shall have general supervision of streets, sidewalks, bridges, and other public ways.

            B.         The department shall be under the direction and control of the superintendent of streets.

11-312. POWERS AND DUTIES OF STREET DEPARTMENT.  The  department shall:

            A.        Have charge of the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways. It shall have control of all waters flowing on the streets, sidewalks and public ways whether originating from storm, flood, drainage or irrigation waters.

            B.         Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks, and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint.

            C.         Enforce the provisions of this chapter 11-300 and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways.

            D.        Repair, or cause to be repaired, all defects coming to the department's attention and take responsible precautions to protect the public from injuries due to such defects pending their repair.

PART   11-320. STREETS - TRAFFIC CONTROL.

11-321. ADOPTION OF UNIFORM TRAFFIC CODE.  The Utah Traffic Code-Rules of the Road, 1983 edition-as compiled, prepared and published as a code in book form by the Utah Department of Public Safety three copies of which have been filed for use and examination by the public in the office of the recorder, hereby is approved and adopted as the traffic code for this municipality, except as such code may be altered or modified by the ordinances of this municipality.

11-322.  DEFINITIONS CONTAINED IN CODE.  Unless the context otherwise requires, all references in the traffic code to:

            A.        The State Road Commission or State Department of Transportation shall mean this municipality and its officers, departments, agencies, and agents.

            B.         Local Authorities shall mean the governing body of this municipality.

            C.         The Department of Public Safety of the State of Utah shall mean the chief of police of this municipality or his agent.

            D.        Magistrate shall mean the justice of the peace or judge of this municipality.

11-323. PRIMA FACIE SPEED - DESIGNATED STREETS. 

            A.        When appropriate street signs giving notice of the maximum permitted speed thereon are erected, the prima facie speed limits designated in the appropriate appendix of this code shall apply to the appropriate streets listed therein.

            B.         Unless otherwise provided in this part or in any other ordinance of this municipality, the prima facie speed limits on the streets of this municipality shall be 30 miles per hour.

11-324. ANGLE PARKING.  Angle parking shall be permitted upon the streets or parts of streets described in the appropriate appendix of this code. The chief law enforcement officer shall mark or sign such streets or parts of streets and also indicate the angle of such parking.

11-325. THROUGH STREETS DESIGNATED.  Those streets and parts of streets described in the appropriate appendix are hereby declared to be through streets.

11-326. AUTHORITY TO ERECT STOP OR YIELD SIGNS.  Whenever any ordinance of this municipality designates and describes a through street, it shall be the duty of the chief law enforcement officer or the superintendent of streets to place and maintain a stop sign or, where safety and efficiency require at any intersection, a yield sign on each and every street intersecting such through street unless traffic at such intersection is controlled at all times by traffic control signals. However, at the intersection of two through streets or at the intersection of a through street and a heavily traveled street, stop signs shall be erected at approaches to either streets as determined by the chief law enforcement officer on the basis of an engineering and traffic study.

11-327. PENALTIES.  Any person violating, causing or permitting violation of any provisions of this part shall be guilty of a misdemeanor.  Notwithstanding other language or provisions in the "Utah Traffic Code - Rules of the Road, 1980" hereby adopted. Any violator of this part, upon conviction, shall be punished by a fine of not more than $299.00, or by a jail sentence not to exceed six months, or by both a fine and jail sentence.

PART   11-330. ANIMALS ON STREETS.

11-331. DRIVING ANIMALS ON STREETS.

            A.        Every person who drives any herd of sheep or band of horses, cattle or other animals upon any public street or highway without first obtaining a permit from the chief of police to do so is guilty of an infraction.

            B.         No person shall drive livestock through this municipality upon streets not designated for that purpose except upon permission and according to the direction of the chief of police.

PART   11-340. PARKING REGULATIONS.

11-341. PARKING OR BLOCKING STREETS OR HIGHWAYS.  In addition to the parking provisions contained in the Utah Traffic Code, as adopted by this municipality, it shall be a class B misdemeanor for any person to:

            A.        Remain standing, lying or sitting on any street or highway in such a manner as to obstruct the free passage of vehicular or pedestrian traffic thereon.

            B.         Willfully remain standing, lying or sitting on any street or highway in such manner for more than one minute after being requested to move by any police officer.

            C.         Willfully remain on such street or highway in such manner as to obstruct the free passage of any person or vehicle into or out of any property abutting upon the street or highway or any property having access to such street or highway.

11-342. SIGNS.  The governing body may authorize or direct any person employed by the municipality to erect or install any sign or traffic control device required to enforce the provisions of this part.

11-343. NO PARKING.  It shall be a class B misdemeanor to park or leave standing at any time a motor vehicle, as defined in the "Utah Traffic Code - Rules of the Road, 1983" as adopted by this municipality, except when necessary to avoid interference with other traffic or in compliance with the directions of a policeman or traffic control device.

11-344. UNLAWFUL PARKING.

            A.        Parking at curb. No motor vehicle shall be parked with the left side of the vehicle next to the curb, except on one way streets. It shall be unlawful to stand or park any motor vehicle in a street other than parallel with the curb and with the two right wheels of the vehicle within twelve inches of the regularly established curb line except on those streets which have been marked for angle parking; then vehicles shall be parked at the angel to the curb indicated by such marks.

            B.         Vehicles for sale. It shall be unlawful to park any vehicle on any street for the purpose of displaying it for sale, or to park any vehicle from which merchandise is peddled on any business street.

            C.         Loading Zone. When so posted, it shall be unlawful for the driver of a passenger vehicle to stand or park such vehicle for a period of time longer than is permitted by the posted sign for the loading or unloading of passengers, of for the driver to stand or park any freight carrying motor vehicle for a period of time longer than is necessary to load, unload and deliver materials in any place designated as a loading zone and marked as such.

            D.        Parking Prohibited. It shall be unlawful for any person, except physicians on emergency calls or designated emergency vehicles when properly posted, to park any motor vehicle on any street in violation of the posted restrictions.

            E.         Alleys. No person shall park a motor vehicle within an alley in such manner or under such conditions as to leave less than ten feet of the width of the roadway available for the free movement of vehiclular traffic. No person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.

            F.         Cab Stands - Bus Stands. No motor vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a taxicab stand and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone.

            G.        Parking Prohibited. It shall be an infraction for any person to park or leave standing on any public road, street, alley or municipality property any motor vehicle for 48 or more consecutive hours, and any vehicle so parked or left standing may be impounded or removed by the chief of police. For purposes of impoundment and removal, the chief of police may impound and remove any motor vehicle which reasonably appears to have remained unmoved for 48 consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle.

            11-345. PARKING ON ALL TOWN STREETS WHEN SNOW IS PRESENT ON THE STREETS.

            A.        There shall be no parking on any Town streets in the Town of Altamont, except for emergency vehicles during emergencies, after snow fall of more than one (1) inch.

            B.         There shall be no parking on any Town Street in the Town of Altamont after one (1) inch snowfall for twenty four (24) hours after the snowfall has ended.

            C.         Violation of this ordinance shall result in a fifty-dollar ($50.00) fine per occurrence.

            D.        Additionally, the Town shall further be allowed the right to tow any illegally parked vehicle and to assess to the owner or driver of said vehicle any and all reasonable towing charges and or expenses as are billed to the Town.

PART   11-350. CONSTRUCTION AND REPAIR OF STREETS AND SIDEWALKS.

11-351. CONSTRUCTION BY PERSONS.  It shall be unlawful for any person either as owner, agent, servant, contractor, or employee to construct a street or sidewalk which does not conform to specification established by the municipality engineer or other authorized representative of the municipality, unless special permission to deviate from such specification is first obtained from the governing body.

11-352. PERMIT REQUIRED - SUPERVISION.

            A.        No person, either as owner, agent, servant, contractor, or employee, shall construct any permanent sidewalk with first obtaining from the recorder a permit so to do. The permit shall specify that the sidewalk to be constructed of cement, the character and quality of the cement, the consistent parts of the mixture, and the thickness of the walk.

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

            C.         All sidewalks shall be constructed under the inspection of the superintendent of streets or his duly authorized representative.

11-353. CONSTRUCTION OF DRIVEWAYS OR CHANGES OF CONSTRUCTION.  It shall be unlawful for any person to construct a driveway across a sidewalk, or cut or change the construction of sidewalk, curb, or gutter without first making written application and obtaining from the recorder a permit to do so. The acceptance of such permit shall be deemed an agreement on the part of such person to construct said driveway in accordance with specification furnished by the municipality.

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

11-355. PLACING OR MIXING SAND OR GRAVEL ON PAVED STREET OR SIDEWALK. Unless a permit from the superintendent has been obtained, it shall be unlawful to:

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

            B.         Make or mix or permit to be made or mixed any mortar, plaster, concrete or any like substance or mixture on any portion of any paved street or sidewalk.

11-356. OVERFLOWING OF WATER ON PUBLIC PROPERTY.  It shall be unlawful for any person to allow water to overflow from any ditch, canal, well, or irrigation stream onto the streets, sidewalks or property of the municipality.

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

PART   11-360. SIDEWALK REGULATIONS.

11-361. REMOVAL OF SNOW.

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

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

11-362. PLACING TRASH OR OTHER OBSTRUCTION IN STREETS, GUTTERS, SIDEWALKS.  It shall be unlawful for any person owning, occupying or having control of any premise to place, or permit to be placed upon or in the sidewalk, parking area, gutter, or on the half of the street next to such premise:

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

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

            C.         Any permanent or temporary structure, mechanism, device, vehicle, or other thing of any kind or character except trees planted pursuant to the provisions of applicable ordinance.

11-363. OPENINGS IN STREET.

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

            B.         It shall be unlawful to construct or maintain coal holes or other openings in streets or sidewalks, except with the special permission of the governing body, and under the direction and supervision of the superintendent of streets.

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

11-365. DISCHARGE OF WATER ON STREET.  It shall be unlawful for any person owning, occupying, or having control of any premise to fail, refuse or neglect to prevent water from the roof or eaves of any house, building, or other structure, or from any other source under the contol of such person to be discharged upon the surface of any sidewalk.

11-366. CROSSING AT INTERSECTIONS.  It shall be unlawful for any person to drive or park a self-propelled vehicle or lead, drive, or ride any animal upon any sidewalk except across a sidewalk at established crossings.

11-367. BUSINESS TO KEEP SIDEWALK CLEAN.  It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of 9 a.m.

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

11-369. PLACING GOODS ON SIDEWALKS FOR RECEIPT OR DELIVERY.  It shall be unlawful for any person to place, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a foot passageway upon such sidewalk. It shall be unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than     12       hours.

11-370. PLAYING ON SIDEWALKS.  Every person who obstructs the sidewalk or street by playing any game or engaging in any activity which obstructs the free travel thereon is guilty of an infraction.

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

PART   11-380. EXCAVATIONS.

11-381. PERMIT FRANCHISE REQUIRED.

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

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

            C.         Nothing contained in this part shall be construed to waive the franchise required for any person by the ordinances of this municipality or laws of Utah.

11-382. EXCLUDED EXCAVATION.  The following types of excavations do not come within the scope of this part:

            A.        Excavations of any kind in municipality streets in projects designed, contracted for, and inspected by the municipality engineer or other authorized personnel of the municipality.

B.                                                           

11-383. SUBJECT EXCAVATIONS.  The following types of excavations are subject to the provisions of this part:

            A.        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.

B.                                                           

11-384. PREPARATION.  The pavement, sidewalk, driveway, or other surface shall be cut vertically along the lines forming the trench in such a manner as to not damage the adjoining pavement or hardsurfacing. 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.

11-385. BACKFILL.

            A.        Materials for backfill will be of select nature. All broken concrete, peat, decomposed vegetable matter and similar materials obtained from excavation will be removed from the site prior to beginning of backfilling. All backfill will be place 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 insure compaction to a degree equivalent to that of the undisturbed ground in which the trench was dug. Jetting or internal vibrating methods of compacting sand fill or similar methods of compacting sand or similar granular free draining materials will be permitted.

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

            11-386. RESTORATION OF SURFACES.

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

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

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

                        1. When permanent paving material is not available.

                        2. When weather conditions prevent permanent replacement.

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

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

11-387. RESTORING BITUMINOUS.  Concrete or asphalt street surfaces.

            A.        Temporary grade surface.  Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface. The gravel shall be placed deep enough to provide a minimum of six inches below the bottom of the bituminous or concrete surface. Normally, this will require nine inches of gravel for bituminous surfaces, twelve 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%

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

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

11-389. CONCRETE BASE, BITUMINOUS WEARING SURFACES.  This type of surfacing shall be constructed as above described.

11-390. 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 part 11-388 of this part, except that the gravel shall be a minimum of one inch more than the thickness of the existing gravel.

11-391. 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.

11-392. 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 the excavator make other arrangements relating to such cost. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and shall do everything necessary to support, sustain and protect them under, over, along, or across the work. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged (and for this purpose pipe coating or other encasement or devices are considered as part of a substructure), they shall be repaired by the agency or person owning them, but the utility owner shall be reimbursed for the expense of such repairs by the permittee. It is the intent of this part that the permittee shall assume all liability for damage to substructures, and any resulting damage or injury to anyone because of such substructure damage and such assumption of liability shall be deemed a contractual obligation which the permittee accepts upon acceptance of an excavation permit. The municipality need not be made a party to any action because of this part. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

11-393. JETTING PIPE.  Jetting pipe by means of water under pressure, or compressed air, is permitted only when approved by the municipality.

11-394. INSPECTION AND ACCEPTANCE.

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

                        1.         With good and sufficient surety.

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

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

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

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

            B.         The amount of the surety bond or cash deposit shall be established by resolution and may be changed from time to time, but until such resolution is passed the amount of surety or cash deposit shall be $300.00  and $10.00  for each foot of street the permittee shall excavate.

11-395. 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.  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 part.  Excavation permits will not be requested prior to excavation in 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.