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Show Saturday, May 17, 1997 The Park Record B-15 DjE(BAIL finds that the work is not being done in conformance con-formance with this ordinance or the approved grading plans, the discrepancies discrepan-cies shall be reported immediately in writing to the permittee and to the County Engineer. (h) Transfer of Responsibility. If the Civil Engineer, the Soils Engineer, or the Engineering Geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility respon-sibility within the area of technical competence compe-tence for approval upon completion of the work. It shall be the duty of the permittee to notify the County Engineer in writing of cut change prior to the recommencement of such grading. Section 11. Completion of Work (a) Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed per-formed for regular grading, as applicable. 1. An as-build grading plan prepared by the Civil Engineer retained to provide such services in accordance with Section 10 (e) showing show-ing original ground surface elevations, as-graded as-graded ground surface elevations, drainage patterns, and the locations loca-tions and elevations of surface drainage facilities facil-ities and of the outlets of subsurface drains. As-constructed locations, loca-tions, elevations and details of subsurface drains shall be shown as reported by the Soils Engineer. Civil engineers shall state that to the best of their knowledge knowl-edge the work within their area of responsibility responsi-bility was done in accordance with the final approved grading plan. 2. A report prepared pre-pared by the Soils Engineer retained to provide such services in accordance with Section 10 (c), including includ-ing locations and elevations ele-vations of field density tests, summaries of field and laboratory tests, other substantiating substanti-ating data, and comments com-ments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering engi-neering report and applicable provisions of this ordinance. 3. A report prepared pre-pared by the Engineering Geologist retained to provide such services in accordance with Section 10 (e), including includ-ing a final description of the geology of the site and any new information infor-mation disclosed during dur-ing the grading plan. Engineering geologists geolo-gists shall submit a statement that, to the best of their knowledge, knowl-edge, the work within their area of responsibility responsi-bility is in accordance with the approved engineering geologist report and applicable provisions of the ordinance. ordi-nance. 4. The grading contractor shall submit in a form prescribed by the County Engineer a statement of conformance to said as-built plan and the specifications. (b) Notification of Completion. The permittee per-mittee shall notify the County Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities facili-ties and their protective protec-tive devices, and all erosion-control measures mea-sures have been completed com-pleted in accordance with the final approved grading plan, and the required reports have been submitted. Published in the Park Record May 17, 1997. ORDINANCE NO. 181-B AN ORDINANCE CONCERNING USES OF COUNTY ROADS AND RIGHTS-OF-WAY, REGULATING EXCAVATIONS ENCROACHMENTS, AND STRUCTURES WITHIN RIGHTS-OF-WAY, PROVIDING PENALTIES FOR VIOLATION AND REPEALING OF SUMMIT COUNTY ORDINANCE NO. 99, 99-A, 171, 181, AND 181-A WHEREAS, Summit County adopted adopt-ed Ordinance No. 18 1 -A on April 25, 1994; and, WHEREAS,, The Summit County engineers engi-neers Office has been administering the Permitting required under Ordinance No. 181-A; and, WHEREAS,, Ordinance No. 181-A has some inconsistencies inconsisten-cies with current Construction Standards; and, WHEREAS, it is.in the best interests of Summit County and the health, safety, and general welfare of its citizens to adopt this Ordinance in order to amend Ordinance No. 181-A, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS COMMIS-SIONERS OF SUMMIT'. SUM-MIT'. CfOONtY,' STATE OF UTAH, AS FOLLOWS: FOL-LOWS: Section 1. Permits Required for Encroachments, and structures. (a) It shall be unlawful for any person, per-son, firm, public utility or corporation to place, make, enlarge or change any excavation, excava-tion, driveway, encroachment or structure within the right-of-way for any County Road without complying with the provisions of this Ordinance and obtaining obtain-ing a permit as provided provid-ed for herein. (b) It shall be unlawful, and punishable punish-able as provided for herein, to make any excavation or to place any encroachment or structure in any County right-of-way not described in the approved permit application appli-cation or which exceeds in size the dimensions or which does not conform to the conditions described in said application. (c) A permit shall not be required for the replacement of existing exist-ing structures provided provid-ed a similar structure is placed in the same location. Section 2. Emergency Conditions Emergency excavations exca-vations and encroachments encroach-ments may be made without prior permit if the reason for the excavation or encroachment is to prevent loss of life or damage to property which appears to be imminent- if the action is delayed by waiting to secure said permits. In such emergency situations, sit-uations, those making the excavation or encroachment MUST contact the County engineers Office at the earliest possible time, but in no case later than the first working day following the emergency work in order to secure a formal for-mal permit. None of the provisions of these specifications are waived for emergency situations except for the prior permit requirement. Section 3. Winter Season No permits for road excavations or other excavations within 5 feet of the edge of a County road shall be issued during the winter win-ter season except in emergency situations. For the purposes of this Section, "winter season" begins October 15 each year and ends May 1st of the succeeding year. Section 4. Applications Applications shall be made by the person, per-son, firm, public utility or corporation actually doing the work. Applications for all permits shall be made to the County engineers engi-neers Office as provided provid-ed and shall describe the excavation or encroachment and shall have a drawing of the location of the intended excavation, encroachment or structure, the pertinent dimensions thereof, the purpose therefor, the person, firm, public pub-lic utility, or corporation corpora-tion doing the actual work and the name of the person, firm, public pub-lic utility, or corporation corpora-tion for whom or by which the work is being done and shall contain an agreement that the applicant will comply with all ordinance ordi-nance and laws of Summit County and the State of Utah relating relat-ing to the work to be done. A Traffic Control Plan, conforming to the Manual of Uniform Traffic Control Devices (MUTCD) shall be submitted with all applications which involve excavations within the County Road rtght-pf-yyay. The application shall also provide for an agreement agree-ment that the applicant appli-cant shall indemnify the County for any loss, liability, or damage dam-age that may result from or because of the making, placement, existence, or manner of guarding or constructing con-structing any such excavation, encroachment encroach-ment or structure. Section 5. Permits All permits issued pursuant to this ordinance ordi-nance shall be valid for a period of 60 days except that no permit shall extend into the winter season as outlined out-lined in Section 3. A copy of the permit issued shall be available avail-able at all times when work is under way. Section 6. Fees A review fee, in the current amount as set by resolution of the Board of County Commissioners, shall accompany each application for a permit. per-mit. Fees must accompany accom-pany the application unless other fee payment pay-ment arrangements have been approved by the County Engineer. Section 7. Completion Bond Applicants shall file a completion bond with the County Engineer in the amount as set by resolution of the Board of County Commissioners at the time the permit is approved. This may be cash, a letter of credit from an F.D.I.C. Insured Financial Institution, or a corporate corpo-rate surety bond. The bond shall be valid for a period of one year from the date of the construction inspection inspec-tion to guarantee that the conditions of any permit together with any restorative works is completed properly. The bond will be released upon recommendation recom-mendation of the County Engineer andor the County Road Inspector. Applicants for permits per-mits may request permission per-mission from the Board of County Commissioners to secure a continual annual bond in lieu of separate bonds for each excavation. Applications for continual con-tinual bonds shall be made before December 31st of each year and shall be valid for the next calendar cal-endar year or as determined by the Board of County Commissioners. Those public unities uni-ties which are regulated regulat-ed by the State of Utah, the Atkinson Water District and the Snyderville Basin Sewer Improvement District are exempt from the bonding requirements of this Chapter, but shall still be required to obtain a road excavation permit per-mit prior to making excavation. Section 8. Supervision and Inspection The County Engineer or Road Inspector shall from time to time inspect or cause to be inspected, all work done pursuant to permits to insure the enforcement of the provisions of this title. Notification shall be given to the County Engineer or Road Inspector at least 24 hours prior to the commencement com-mencement of any work. The Completion Bond shall not be released without an inspection made to determine satisfaction of all applicable provisions provi-sions of this Ordinance. Section 9. Failure to Comply In the event of failure fail-ure on the part of any person, firm, public utility, or corporation to comply fully with the provisions of this Ordinance, law enforcement authorities authori-ties of Summit County are authorized to: (1) Initiate action by citation or information informa-tion under Section, 10 of this Ordinance andor proceed to forfeit for-feit bond, or (2) Remove such installation from the right-of-way or require such person, firm, or corporation to remove the same; or, (3) Give written notice to such person, firm, public utility, or corporation to remove such installation from the right-of-way. Such notice may be served either by personal service ser-vice or by mailing the notice to the person, firm, public utility, or corporation by registered regis-tered mail and posting a copy thereof on such installation for a period for 10 days. If such installation is not removed within 10 days after the notice is complete, said authorities author-ities may remove the same at the expense of the person, firm, or corporation and recover recov-er costs and expenses, expens-es, and also the sum of $10.00 for each day the same remained within the right-of-way after notice was complete, com-plete, in an action for that purpose; or, (4) If such person, firm, public utility, or corporation disputes or denies the existence exis-tence of such installation, installa-tion, or refuses to remove or permit its removal, said authorities authori-ties may bring an action to abate the same as a nuisance, and if judgment is recovered by said authorities, there shall also be recovered, in addition to having the same abated, the costs of action and the sum of $10.00 for every day such nuisance nui-sance remained within the right-of-way after notice was given for its removal in the manner provided in Subsection (2) of this Section. (UCA 27-12-135). Section 10. Penalty Any person who violates vio-lates the provisions of this Ordinance is guilty of a Class 'C" Misdemeanor. Each day a continuing viola tion shall be deemed a separate offense. Section 11. Repeal of Ordinance No. 99. 99-A-171. and 181 Summit County Ordinances 99, 99-A, 171, 181, and 181-A are hereby repealed. Section 12. Specific Requirements Specific engineering engineer-ing standards and requirements for the enforcement of this Ordinance are attached as Appendices "A", "B", "C", and "D" which are made a part of this Ordinance by reference. refer-ence. Section 13. Severability Should any section, paragraph, sentence, clause, or phase of this Ordinance be declared unconstitutional unconstitu-tional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Section 14. Effective Date This Ordinance shall become effective after publication of such in accordance with applicable State Law. PASSED AND ADOPTED by the Board of County Commissioners of Summit County, Utah, this 5th day of May 1997. Summit County Board Commissioners: James N. Soter, Chairman, Sheldon D. Richins, and Eric D. Schifferli Attested by Kent Jones, Summit County Clerk Approved as to form by David L. Thomas, Deputy Summit County Attorney COMMISSIONER VOTED: SOTER: AYE; RICHINS: AYE; SCHIFFERLI: AYE APPENDIX A EXCAVATION REQUIREMENTS! AND SPECIFICATIONS SPECIFICA-TIONS Section 1. Boring Preferred in Payed Rights-of-Way Boring is the preferred pre-ferred method for crossing paved County Roads. Excavations shall not be approved unless it can be demonstrated that boring is infeasi-ble infeasi-ble or impractical as an alternative. The County Engineer may grant excavation of a paved County road which is in disrepair on a case by case basis. Longitudinal excavations exca-vations of paved County roads shall not be approved unless it can be demonstrated that all other alternatives alterna-tives are infeasible or impractical. Approval will be on a case by case basis upon a recommendation rec-ommendation of the County Engineer. Section 2. Minimum Depths for Buried Cables and Lines All cables, conduits, con-duits, or pipelines to be buried in County rights-of-way for utility purposes shall be a minimum of 24" below final surface grade. Section 3. Manner of Excavation (1) General Steel tracks of equipment used for excavation and backfill shall not make direct contact with paved surfaces. Any other damage to the paved surfaces shall be repaired to the satisfaction satis-faction of the County Engineer at the applicant's appli-cant's expense. All excavation shall be unclassified. The applicant shall perform ail excavation of every description and of whatever substances encountered, to the depth specified on the plans andor required to accomplish the work. During the excavation exca-vation operations the material which might be found suitable for use in backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench for convenience in operating oper-ating equipment, to avoid embankment overloading, and to prevent slides and cave-ins. All excavated excavat-ed materials not required or not suitable suit-able for backfilling shall be promptly removed from the site of the work and wasted wast-ed in an area to be provided by the applicant appli-cant with the approval of the inspector. Grading shall be performed as may be necessary to prevent surface water from flowing into trenches or other excavations, and any water accumulated accu-mulated therein shall be promptly removed by pumping or by other approved method. The operation of steel tracked equipment equip-ment or the placement of steel outriggersstabilizers outriggerssta-bilizers in direct contact con-tact with the pavement surface shall be prohibited. pro-hibited. The applicant shall take precautions to prevent damage to the pavement surface at all times. (2) Safety All excavated materials mate-rials shall be piled in such a manner as will cause a minimum of inconvenience to public pub-lic travel, and provisions provi-sions shall be made for urgent traffic as necessary. The applicant appli-cant will be responsible responsi-ble for providing barricades barri-cades at all excavation excava-tion sites while open trenches are present. Barricades must be lighted if open trenches trench-es are left overnight. Free access shall be provided to all fire hydrants, water valves and meters, and clearance clear-ance shall be left to enable free flow of storm water in all gutters, gut-ters, conduits, and natural water courses. The applicant shall utilize uti-lize appropriate traffic signs, markers, and procedures in all construction con-struction activities as defined on the approved traffic control con-trol plan and in the Federal "Manual of Uniform Traffic Control Devices". (3) Methods Excavations which are approved as open cuts shall conform to the back sloping requirements of OSHA. No more than 1 00 feet of trench may be open during daylight day-light hours, and no more than 20 feet of trench may be open during nighttime hours. Short sections of the trench may be tunneled tun-neled under existing structures if the pipe or utility can be safely and properly installed in such tunneled sections. sec-tions. In those areas where the utility is to be installed under existing curbs and gutters gut-ters andor sidewalks, the applicant has the option whether to tunnel tun-nel and use flowable fill to backfill or to cut and remove the curb, gutter, or sidewalk. In the latter case, the applicant shall, at their expense, replace the curb, gutter, or sidewalk side-walk to match the existing structure in line, grade, and type of construction. Prior to trench excavation, any bituminous bitu-minous or concrete pavement to be removed shall be cut with a saw or pneumatic pneu-matic tool to provide a straight, neat construction con-struction line. Pavement removed during excavation shall be disposed of off site and not used in backfilling the trench. Prior to placing the asphalt concrete mix patch, the existing pavement shall be saw cut an additional 6" to 12" back from the edge of the excavated trench. Care shall be taken to remove the additional pavement without disturbing the existing untreated base course. Exceptions to the methods of excavation shall be reviewed by the County Engineer on a case by case basis. Section 4. Backfill (1) Class A Backfill This class of backfill back-fill shall be used in areas where open cut of a County road is approved. The trench above the pipe zone or utility shall be backfilled back-filled with a cementi-tious cementi-tious flowable fill, untreated base course, and asphaltic concrete mix as follows: fol-lows: Flowable Fill - A cement treated aggregate aggre-gate conforming to Section 845 of the Utah Department of Transportations Standard Specifications for Road and Bridge Construction shall be placed between the bottom of the trench and the untreated base course. A layer of compacted pipe zone backfill may be placed above the pipe if required by the pipe or other utility conduit manufacturer. The flowable fill shall be allowed to cure for a period of 24 to 48 hours prior to placing untreated base course. Provisions shall be made to allow for traffic to cross the trench at all times. Untreated Base Course - A 34" or 1" (max) untreated crushed aggregate conforming to Section 301 of the Utah Department of Transportations Standard Specifications for Road and Bridge Construction shall be placed between the flowable fill and the asphalt concrete mix surface. The untreated base course shall be placed to the preexisting pre-existing depth, but to a maximum depth of 8 inches and a minimum depth of 5 inches. The material shall be within with-in 2 of optimum moisture content and be compacted to a minimum of 96 of the materials maximum maxi-mum dry density as determined by AASHTO's T-180 Method D. Asphalt Concrete Mix - A 34" (max) asphaltic concrete mix conforming to Section 402 of the Utah Department of Transportations Standard Specifications for Road and Bridge Construction shall be placed above the untreated base course. The asphalt concrete mix shall be replaced to the preexisting pre-existing depth, but not less than 4 inches. The material shall be compacted to 96 of it's Marshall design. The surface shall be finished 12" to 14" higher than the existing exist-ing road surface to account for future settlement. set-tlement. All compaction efforts shall be verified by a Certified Laboratory Technician and copies of the testing test-ing performed forwarded for-warded to the County engineers Office within with-in 5 days of completion comple-tion of the trench restoration. The one year warranty period will begin upon receipt of test results. A minimum mini-mum of two moisturedensity mois-turedensity tests will be required per lift of material placed. If an open cut of a County Road is permitted, per-mitted, and the County Road has been sealed with an oil flush or chip-seal, restoration by the applicant shall include re-application of the existing surface seal within 30 days of completing the asphalt concrete mix patch. Seal Coat Materials used shall be as follows: fol-lows: 1) Asphalt Seal Coat Material shall be LMCRS-2H. 2) Cover Coat shall be Geneva Steal Slag, 38" x 4, Type C Chips. Seal Coat Operations shall conform con-form to Section 405 of the Utah Department of Transportations Standard Specifications for Road and Bridge Construction, 1992. Prior to placement of Seal Coat (if required) and prior to the final release of Bond (s), the seams of the pavement repair (patch) shall be crack sealed. Asphalt Crack Seal Materials used shall conform to UDOT's 402S special provision and specification. specifi-cation. Minor variations to the trench backfill requirements may be approved upon submittal sub-mittal and review by the County Engineer. (2) Class B Backfill This class of backfill back-fill shall be used in areas where thorough compaction and immediate imme-diate completion of the trench backfill is required (those areas excavated within 5 feet of the edge of pavement or back of curb). The trench above the pipe zone or utility shall be backfilled back-filled with suitable and approved material paced in layers consistent con-sistent with the type of compaction equipment to be used, but shall not exceed 18 inches. Each layer shall be sprinkled and thoroughly thor-oughly compacted by means of hand-operated or mechanically-operated mechanically-operated tampers. Backfilling and compaction com-paction shall be done to the satisfaction of the inspector and shall be continued on each layer of backfill until a compaction of 95 percent per-cent of maximum dry is obtained as determined deter-mined by AASHTO T-1 T-1 80 Method D. The final one foot of backfill back-fill is to be compacted to 96 percent of maximum maxi-mum dry density. The moisture content of the backfill shall be within 2 of optimum as determined by AASHTO T-180 Method D. All compaction efforts shall be verified by a Certified Laboratory Technician and copies of the testing test-ing performed forwarded for-warded to the County Engineer within 5 days of completion Of the trench restoration. A minimum of one moisturedensity mois-turedensity test will be required per lift per 200 feet of trench randomly ran-domly selected. (3) Class C Backfill This class of backfill back-fill shall be a used with the approval for the inspector, in trenches in those areas where subsequent trench settlement must beheld to a minimum (areas beyond 5 feet of the pavement or back of curb). Any subsequent settlement of the trench during the applicant's guarantee guar-antee period shall be considered to be the result of improper Class -B C backfilling and shall be corrected at the applicant's expense. Suitable backfill material shall be placed in the trench in layers consistent with the type of compaction equipment to be used, but shall not exceed 18 inches. Each layer shall be sprinkled and thoroughly thor-oughly compacted by means of a hand-operated or mechanically-operated mechanically-operated tamper. Minimum compaction com-paction of 92 percent of maximum dry density densi-ty as determined by AASHTO T-180 Method D is required. Top soil must be removed and replaced to existing depths and finished to pre-exca-vation contours. In areas where lawn sod, shrubs, top-soil, top-soil, fences and other items must be removed- during the trench excavation and backfill operation, coordination coordina-tion with adjacent property owners on their subsequent replacement is required by the applicant. appli-cant. Section 5. Restoring Surface Restoration shall be commenced as soon as possible following fol-lowing excavation. Complete restoration shall be diligently pursued pur-sued until complete.' Unless specifically authorized by the County Engineer or Road Inspector, restoration shall be complete within five working days of initial excavation of the total area impacted by the excavation. APPENDIX B DRIVEWAY AND ENCROACHMENT REQUIREMENTS AND SPECIFICATIONS SPECIFICA-TIONS Section 1. Existing Driveways or Encroachments Access to County roads by means of driveways dri-veways or encroachments encroach-ments in existence at the time of the effective effec-tive date of this Ordinance may continue contin-ue to the same extent and degree as before; any change in the driveway dri-veway or the degree of use shall first require a permit and compliance with the terms of this Ordinance. Section 2. Notification-Of Notification-Of Potential condemnation condem-nation Right-of-Way Required Except as otherwise other-wise provided in Subsection (1) b. of this Appendix, no building or structure shall be erected, reconstructed, structurally struc-turally altered or enlarged, and no encroachment permit shall be issued therefore there-fore on any lot or parcel par-cel of land which abuts a County road or other public street which does not conform to current County width standards, unless the portion of such lot or parcel within the standard stan-dard right-of-way width has been dedicated dedi-cated to the County or the developer or applicant appli-cant has been notified and has acknowledged acknowl-edged that such portion por-tion may be condemned con-demned for public use at some future time. (1 Exception to- Right-of Way Notification Dedication Requirement (a) The maximum area to be dedicated shall not exceed 10 percent of any lot or parcel which was of record on the effective date of this Ordinance in the Summit County Recorder's Office. In determining the amount of area for dedication for purposes purpos-es of this exception, any highway area which previously has been dedicated to the public through public use shall not be included. (b) Neither notice, acknowledgment nor dedication is required for remodeling, additions addi-tions and accessory buildings incidental to a single-family dwelling used as a residence, existing on the lot as of the effective effec-tive date of this Ordinance, provided that no additional dwelling units are created. cre-ated. (2) Dedication Procedure (a) Any person or other entity desiring to dedicate land under the provisions of this Ordinance shall execute exe-cute an offer to dedicate dedi-cate and a warranty deed or other deed form acceptable to the County properly executed exe-cuted by all parties of interest. At the request of said person or entity, enti-ty, the offer to dedicate and deed shall be prepared pre-pared by the Summit County Attorney's Office in such terms as to be binding on the owner, his heirs, OPY |
