Motion Sheet - 7/4/2021 (2)1
SALT LAKE CITY ORDINANCE
No. ______ of 2021
(Work in the public way fees)
An ordinance amending Sections 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the
Salt Lake City Code, relating to work in the public way fees.
WHEREAS, the city desires to make certain changes relating to work in the public way
definitions and fees; and
WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections
14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the Salt Lake City Code, relating to such
changes.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
SECTION 1. Section 14.32.015 of the Salt Lake City Code, relating to definitions, is
amended as follows:
Amending the definition of “Obstruction.” The definition of “Obstruction” is amended to
read as follows:
OBSTRUCTION: Any thing that obstructs the free use of the public way, including
construction barricades, sidewalk canopies, containers, construction materials or equipment,
rubbish, glass, material, wood, ashes, tacks, metal, earth, stone, structure, or other object, thing,
or substance whichthat may interfere with or obstruct the free use or view of the public way by
travelers, or injure or tend to injure or destroy or render unsightly the surface of a public way, or
which that may cause or tend to cause such public way to become restricted in its intended uses
or unsafe or dangerous for travelers thereon.
SECTION 2. Section 14.32.400 of the Salt Lake City Code, relating to excavation permit
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fees, is amended as follows:
14.32.400: EXCAVATION PERMIT FEES:
A. Fees: The city engineer shall charge, and the city treasurer shall collect, upon issuing a
permit, the fees shown on the Salt Lake City consolidated fee schedule with respect to
excavation permitsfor review of the application and site inspection of:
1. Excavation, including potholes and test holes;.
2. Multiple utility excavations.; or
3. Portions of the public way to which excavation restrictions apply. Excavation permits for
portions of the public way to which excavation restrictions apply, when permitted pursuant to the
provisions of this chapter, shall have a permit fee that is be issued only upon written
authorization of the city engineer and the permit fees shall be two(2) times the normal rates
published in this section. The city engineer may also require persons working in such portions of
the public way to employ extraordinary measures in restoring said public waystreet such as
applying seal coat or other surface treatment to the street, if applicable, to maintain the overall
integrity of the surface. The value of such extraordinary measures may, in the discretion of the
city engineer, be used to offset the additional fees.
4. Poles and anchors.
B. Higher Fee: For work under a permit that begins before the winter time fee period set forth
in the Salt Lake City consolidated fee schedule, Where any of the foregoing subsections specify
a higher fee for any period, such the winter time higher fee shall will be applicable if any portion
of the work is donecompleted during the winter time higher fee period.
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C. Permit Extension: Fee as shown on the Salt Lake City consolidated fee schedule. The city
engineer may deny this permit extension when work is not proceeding on the project in a
satisfactory manner.
SECTION 3. Section 14.32.410 of the Salt Lake City Code, relating to public way
obstruction permit fees, is amended as follows:
14.32.410: PUBLIC WAY OBSTRUCTION FEES:
In addition to excavation or improvement fees described in section 14.32.400 and section
14.32.405, Tthe city engineer shall charge, and the city treasurer shall collect, upon issuing a
permit, the following fees shown on the Salt Lake City consolidated fee schedule for review of
the application and site inspection of obstructions in the public way:
A. If the permit is for an obstruction that will be in place for more than 28 calendar days, a
Mmonthly Ffee (Construction Barricades Requiring More Than 5 Days): In addition to
excavation fees:
1. Flat fee for all or any part of a block face: for such activities as barricading for sidewalk
closures, lane closures, sidewalk canopies, containers in the public way, or storage of
construction materials or equipment.As shown on the Salt Lake City consolidated fee schedule.
2. Each additional block face: As shown on the Salt Lake City consolidated fee schedule.
3. Permit extension: As shown on the Salt Lake City consolidated fee schedule.
B. If the permit is for an obstruction that will be in place for 28 or fewer calendar days, a
weekly fee for all or any part of a block face Short Term Occupation Of The Public Way (5 Days
Or Less): for such activities as barricading for sidewalk closures, lane closures, sidewalk
canopies, containers in the Scaffolding or other temporary structures over public way, or storage
of construction materials or equipment.soil. Permit up to and including five (5) days: As shown
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on the Salt Lake City consolidated fee schedule, per setup. No fee shall be charged for
scaffolding or staging done behind an approved barricade fence.
C. Permit Extension: The fee for each permit extension shall be as shown on the Salt Lake
City consolidated fee schedule. C. On a permit that lasts seven or fewer calendar days, an
obstruction fee is waived if an excavation fee or an improvement fee is charged.
D. When the duration of the obstruction permit doesn’t end at the end of a week or month,
the fee will be determined by rounding to the nearest whole week with the intent to simplify the
fee determination. For example, an obstruction permit that is to cover a period of six and one-
half months could be charged a fee for six times the monthly fee and two times the weekly fee.
SECTION 4. Section 14.32.420 of the Salt Lake City Code, relating to permit fee
waivers, is amended as follows:
14.32.420: PERMIT FEE WAIVERS:
The city engineer may waive all or a portion of the permit fees or penalties or a portion thereof,
provided for in this chapter, when the/ city engineershe determines that: (a) such permit fee or
penalty: a) pertains to construction or rehabilitation of housing for persons whose income is
below the median income level for the city; or (b) such permit fee pertains to an encroachment
on the public way involving a beautification project which that furthers specific goals and
objectives set forth in the city's strategic plan, master plans, or other official documents,
including decorative street lighting, building facade lighting, flower and planter boxes, and or
landscaping; (c) such permit fee pertains to abutting property owners repairing or replacing “in
kind” existing drive approaches, curb, gutter, or sidewalk; (d) such permit fee pertains to a city
capital improvement project even if the permittee is a utility company doing work required to be
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accomplished before or during execution of the project; (e) such permit fee pertains to work that
is related to a subdivision for which fees were already collected by the city. (f) such permit
pertains to a Utah Department of Transportation project affecting the Salt Lake City public way;
or (g) such permit pertains to a permit issued on a Salt Lake City Streets Division project
affecting the Salt Lake City public way.
SECTION 5. This ordinance shall take effect immediately after it has been published in
accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section
10-3-713.
Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________,
2021.
____________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
___________________________
CITY RECORDER
Transmitted to Mayor on ______________________.
Mayor’s Action: __________ Approved. ___________ Vetoed.
____________________________
MAYOR
___________________________
CITY RECORDER
(SEAL)
Bill No. ______ of 2021.
Published: _____________________.
Salt Lake City Attorney’s Office
Approved As To Form
By: _______________________
Boyd Ferguson
Date: __________________
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