1. It shall be unlawful for any person, firm, public utility or corporation to place, make, enlarge or change any excavation, driveway, encroachment or structure within the right of way for any City road without complying with the provisions of this chapter and obtaining a permit as provided for herein.
2. It shall be unlawful, and punishable as provided for herein, to make any excavation or to place any encroachment or structure in any City right of way not described in the approved permit application or which exceeds in size the dimensions or which does not conform to the conditions described in said application.
3. A permit shall not be required for the replacement of existing structures or utilities, provided a similar structure or utility is placed in the same location.

Emergency excavations and encroachments 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, those making the excavation or encroachment must contact the City 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 permit. None of the provisions of these specifications are waived for emergency situations except for the prior permit requirement.

No permits for road excavations or other excavations within five feet (5') of the edge of a City road shall be issued during the winter season except in emergency situations. For the purposes of this section, "winter season" begins October 15 each year and ends May 1 of the succeeding year.

Applications shall be made by the person, firm, public utility or corporation actually doing the work. Applications for all permits shall be made to the City office as provided 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 utility, or corporation doing the actual work and the name of the person, firm, public utility, or corporation for whom or by which the work is being done and shall contain an agreement that the applicant will comply with all ordinances and laws of Oakley City and the state of Utah relating 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 City road right of way. The application shall also provide for an agreement that the applicant shall indemnify the City for any loss, liability, or damage that may result from or because of the making, placement, existence, or manner of guarding or constructing any such excavation, encroachment or structure.

All permits issued pursuant to this chapter shall be valid for a period of sixty (60) days except that no permit shall extend into the winter season as outlined in section 13-10-3 of this chapter. A copy of the permit issued shall be available at all times when work is under way.

A review fee, in the current amount as set by resolution of the City Council shall accompany each application for a permit. Fees must accompany the application unless other fee payment arrangements have been approved by the City.

Applicants shall file a completion bond with the City in the amount as set by resolution of the City Council at the time the permit is approved. This may be cash, a letter of credit from an FDIC insured financial institution, or a corporate surety bond. The bond shall be valid for a period of two (2) years from the date of the construction inspection to guarantee that the conditions of any permit together with any restorative work is completed properly. The bond will be released upon recommendation of the City engineer and/or the City road inspector. Applicants for permits may request permission from the City Council to secure a continual annual bond in lieu of separate bonds for each excavation. Applications for continual bonds shall be made before December 31 of each year and shall be valid for the next calendar year or as determined by the City Council. Those public entities which are regulated by the state of Utah public service commission, and local public utilities are exempt from the bonding requirements of this chapter, but shall still be required to obtain a road excavation permit prior to making excavation.

The City engineer or road inspector shall from time to time inspect or cause to be inspected, all work done pursuant to permits to ensure the enforcement of the provisions of this chapter. Notification shall be given to the City engineer or road inspector at least twenty-four (24) hours prior to the commencement of any work. The completion bond shall not be released without an inspection made to determine satisfaction of all applicable provisions of this chapter. Driveway encroachments require the following inspections to ensure compliance with the standards set out in this chapter:

1. Staking Inspection: A stake or marker shall be placed at each corner of the encroachment as it intersects the road or street, and at each intersection of the driveway as it crosses the right of way or easement line. The front property corners shall also be set and marked with stakes. This inspection is required prior to the encroachment permit being approved. The City must receive at least twenty-four (24) hours' notice prior to requested inspections.
2. Rough Grade Inspection: An inspection of the rough grade driveway is required prior to receiving a footing inspection by the building department. The driveway must be graded to a point that the inspector can determine compliance with this chapter and the development code. The footing elevation/garage floor elevation must be established prior to requesting an inspection. The City must receive at least twenty four (24) hours' notice prior to requested inspections.
3. Pre-surfacing Inspection: An inspection of the driveway is required prior to surfacing (soft or hard) the driveway to determine compliance with this chapter and the development code. In no case can a certificate of occupancy be issued without the pre-surfacing inspection, and the driveway being in compliance with this chapter and the development code.

In the event of failure on the part of any person, firm, public utility, or corporation to comply fully with the provisions of this chapter, the City is authorized to:

1. Initiate action by citation or information under section 13-10-10 of this chapter and/or proceed to forfeit 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 or by mailing the notice to the person, firm, public utility, or corporation by registered mail and posting a copy thereof on such installation for a period of ten (10) days. If such installation is not removed within ten (10) days after the notice is complete, said authorities may remove the same at the expense of the person, firm, or corporation and recover costs and expenses, and also the sum of one hundred dollars ($100.00) for each day the same remained within the right of way after notice was complete, in an action for that purpose; or
4. If such person, firm, public utility, or corporation disputes or denies the existence of such installation, or refuses to remove or permit its removal, said authorities 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 one hundred dollars ($100.00) for every day such nuisance remained within the right of way after notice was given for its removal in the manner provided in subsection C of this section. See UCA 27-12-135.

Any person who violates the provisions of this chapter is guilty of a class C misdemeanor. Each day a continuing violation occurs shall be deemed a separate offense.

Specific engineering standards and requirements for the enforcement of this chapter may be adopted from time to time by the City and are made a part of this chapter by reference.