070 of 1999 - Construction, excavation and obstructions in the public way0 99-1
0 99-26
SALT LAKE CITY ORDINANCE
No. 70 of 1999
(Construction, excavation and obstructions
in the public way)
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32 OF TITLE
14 OF THE SALT LAKE CITY CODE, RELATING TO CONSTRUCTION,
EXCAVATION AND OBSTRUCTIONS IN THE PUBLIC WAY.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Chapter 32 of Title 14 of the Salt Lake City Code, relating to
construction, excavation and obstructions in the public way, is hereby amended
and supplemented to read as follows:
Chapter 14.32. CONSTRUCTION, EXCAVATION AND OBSTRUCTIONS IN THE
PUBLIC RIGHT-OF-WAY
Article I. Preamble, Definitions and General Requirements
14.32.010. Preamble.
14.32.011. Definitions.
14.32.015. Orders, rules and regulations.
14.32.101. Permit - Required.
14.32.103. Permit - Application requirements.
14.32.105. Permit application approval criteria.
14.32.106. Completion date for work.
14.32.107. Permit - No transfer or assignment.
14.32.108. Owner and applicant both responsible.
14.32.109. Permit constitutes agreement.
14.32.110. Liability and indemnification.
14.32.111. Insurance.
14.32.112. Bond - Required when.
14.32.113. Bond - Conditions - Warranty.
14.32.114. Coordination of work within the public way.
14.32.115. Excavation restrictions.
14.32.116. Exceptions to excavation restrictions.
14.32.117. Excess capacity.
14.32.118. Emergency work.
14.32.141. Compliance with specifications, standards and traffic Control
regulations.
14.32.143. Job site permittee identification.
14.32.145. Parking meter removal or occupation.
14.32.151. State highway permits.
14.32.153. Relocation of structures in public ways.
14.32.154. Impact of excavation on existing improvements.
14.32.155. Restoration of public property.
14.32.156. Repair and maintenance obligation of permittee.
14.32.185. Tampering with traffic barricades.
14.32.186. Conflict with governing provisions.
Article II. Occupying the Public Way While Working on Private Property
14.32.201. Permit required for certain work.
14.32.211. Permit limitations.
._14._32.231. Right-of-way obstruction permit - Review and inspection fees.
Article III. Installation, Modification or Replacement of Public Way Improvements
14.32.305. Purpose and benefit of provisions.
14.32.311. Defective concrete - Duty of owner or tenant.
14.32.315. Defective concrete - Discovery by city.
14.32.321. Defective concrete - Notice to replace - Contents.
14.32.325. Defective concrete - Repair options and costs.
14.32.331. Ordinary repairs.
14.32.335. Waiver of replacement requirement.
14.32.341. Abatement of assessment - Conditions.
14.32.345. Specifications and grades for construction.
14.32.355. Sidewalks - Inspection and approval.
14.32.361. Driveway construction.
Article IV. Fees and charges.
14.32.401. Excavation permit fees.
14.32.405. Public way improvement fees.
14.32.410. Public way obstruction permit fees.
14.32.435. Authorization of additional charges.
14.32.440. Permit fee waivers.
Article V. Applicability to city.
14.32.501. Applicability to city.
Article VI. Enforcement.
14.32.601. Work without permit - Penalty.
14.32.605. Failure to comply - Penalty.
14.32.610. Default in performance - Penalty.
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14.32.615. Completion time - City to perform work when - Costs.
14.32.620. Failure to conform to design standards - Penalty.
14.32.625. Appeal of suspension, revocation, or stop order.
14.32.630. Violation - Penalty.
Article I. Preamble, Definitions and General Requirements
14.32.010 Preamble. It is the express policy of the city to minimize the frequency
and extent of construction activities in the public way, and to more effectively
control and manage construction activities in the public way, for the purpose of (i)
minimizing the disruption of traffic, (ii) protecting the city's investment in its
infrastructure by preserving the serviceable life of its streets, sidewalks, curbs,
gutters and other improvements, (iii) promoting the efficient flow of traffic and (iv)
generally promoting the public safety and welfare of the residents of, and visitors
to, the city. Accordingly, all construction and excavation in, and obstruction of,
the public way shall be subject to the procedures and requirements of this Chapter.
Article 1. Definitions and General Requirements
14.32.011. Definitions.
As used in this Chapter:
"Apartment house" means a building comprising four or more dwelling units
designed for separate housekeeping tenements.
"Applicant" means any person who makes application for a permit.
"Appurtenances" means miscellaneous concrete surfaces within the public
way, such as parking bays and carriage walks.
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"Business" means any place in the city in which there is conducted or carried
on principally or exclusively any pursuit or occupation for the purpose of gaining a
livelihood.
"City" means Salt Lake City Corporation.
"City Engineer" means the City Engineer, or his/her authorized
representative.
"Competitive utility provider" means each person who provides public utility
services within the city in competition with one or more persons providing the
same or similar services.
"Defective concrete" means the existence of any of the following conditions
within the public way:
(i) The displacement of sidewalk, curb, gutter and driveway approach
sections or appurtenances either horizontally or vertically to a point that one
section or any part of a section is separated by at least one -half -inch from the
other; or
(ii) The presence of a minimum of three cracks of any length or width
between score marks and/or expansion joints in any sidewalk, curb, gutter and
drive approach sections or appurtenances; or
(iii) The presence of spalling over more than twenty-five percent of the
surface area of any sidewalk, curb, gutter and drive approach sections or
appurtenances; or
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(iv) The existence of settling, spalling or depressions in a sidewalk, curb,
gutter and drive approaches or appurtenances, which allow water to become
entrapped or cause ice pockets; or
(v) The existence of similar signs of deterioration in sections of sidewalk,
curb, gutter and drive approaches or appurtenances contiguous to sections which
are in a condition as defined in subparagraphs (i), (ii) (iii) or (iv) above to such an
extent that they can reasonably be considered as part of the overall defective
areas, or which must be replaced to effect a proper correction of the defective
sections. A drawing illustrative of the foregoing is adopted as part of this
ordinance. Three copies of the defective concrete replacement criteria drawing
shall be kept on file in the City Recorder's office and the City Engineer's office.
"Emergency" means any unforeseen circumstances or occurrence, the
existence of which constitutes a clear and immediate danger to persons or
property, or which causes interruption of utility services.
"Engineering regulations," "construction specifications," and "design
standards" mean the latest version of the engineering regulations, or Standard
Specifications and Details for Municipal Construction published by the City
Engineer.
"Facility" or "Facilities" means any wires, lines, cables, coaxial cables,
conduits, manholes, ducts, pipelines, tunnels, vaults, ditches, tracks, poles,
antennas, transceivers, amplifiers, switches, electronic devices, structures or other
improvements of any kind or nature, whether fixed or movable.
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"Failure" means a work site restoration which fails to meet City Engineer
specifications, or which results in a deteriorated or substandard condition within
the duration of the warranty period. Failure includes settlement of surfaces,
deterioration of materials, and other surface irregularities. Measurement of failure
shall be further defined in the engineering regulations.
"In one ownership" means ownership of two or more lots or tracts of land by
the same person, even though such person may own such lots or tracts of land
jointly with dissimilar persons.
"Major Work" means any reasonably foreseeable work in the public way that
will (i) affect the public way for more than ten (10) calendar days, (ii) involve a
street cut of more than 100 feet in length, or (iii) involve a street cut of more than
200 square feet.
"Multiple dwelling units" means four or more dwelling units designed for
separate housekeeping tenements when such units are so situated as not to
constitute an apartment house, when such units are located on the same lot or
tract of land, or on two or more lots or tracts of land which are connecting and in
one ownership.
"New street" means any street which has been constructed or reconstructed
within the two-year period immediately preceding the date of determination, which
construction or reconstruction shall consist of the construction of new subbase, or
the reworking of existing pavement subbase, and the application of new surfacing,
or the additions of at least three inches of new pavement surfacing overlay.
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"Obstruction" means any rubbish, glass, material, wood, ashes, tacks,
metal, earth, stone, structure, or other object, structure, thing or substance which
may interfere with or obstruct the free use or view of the public way by travelers,
or injure or tend to injure or destroy or render unsightly the surface of a public way,
or which may cause or tend to cause such public way to become restricted in its
intended uses or unsafe or dangerous for travelers thereon.
"Owner" means any person, including the city, owning any facility or
facilities that are or are proposed to be installed or maintained in the public way.
"Permit" means a permit issued under this ordinance for construction,
excavation or other work in, or obstruction of, the public way.
"Permittee" means any person who has been issued a permit and has agreed
to fulfill the requirements of this Chapter.
"Person" means and includes any natural person, partnership, firm,
association, public utility company, corporation, company, organization, or entity of
any kind.
"Pipe driveway" means a driveway approach which uses a pipe or other
means to bridge the gutter.
"Property owner" means person or persons having legal title to property
and/or equitable interest in the property, or the ranking official or agent of a
company having legal title to property and/or equitable interest in the property.
"Public utility company" means any company providing gas, electricity,
water, telephone, or other utility product or services for use by the
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general public, whether or not such company is subject to the jurisdiction of the
Public Service Commission, and whether or not such utility product or services are
generally available throughout the city, or are available only within a limited portion
of the city.
"Public way" means and includes all public rights -of -way and easements,
pathways, walkways and sidewalks, public streets, public roads, public highways,
public alleys, and public drainage ways including the surface, subsurface and
above -surface space, now or hereafter existing as such within the city. It does
not, however, include utility easements not within public ways of the city.
"Public way ordinance" means,Title 1-4;--Ehapfier- �5O of -the- S-alt �Lake-•City
;r
.
Code:
"Referenced," when relating to survey monuments, means a monument
which has been measured from locally set (usually within one hundred feet) survey
points sufficient to enable the monument to be reestablished if disturbed.
"Residences" means buildings or dwellings comprising not more than three
dwelling units designed for separate housekeeping tenements and where no
business of any kind is conducted, except such home occupations as are allowed
and defined in the zoning ordinances of the city.
"Resident" means the person or persons currently making their home at a
particular dwelling.
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"Resurfaced street" means any street which has, within a two-year period
immediately preceding the date of determination, received a bituminous pavement
overlay application of between one and three inches of thickness.
"Section" means a portion of the concrete which is set apart by expansion
joints and/or construction joints.
"Telecommunication facilities" means all equipment and personal property
used in connection with the provision of telecommunication services either within
or outside of the city, including without limitation all conduits, wiring, cables, fiber
optic cables, switches, manholes, poles, antennas, transceivers, amplifiers and all
other electronic devices, equipment and related appurtenances.
"Temporary structure" means a facility constructed or installed for use
during the construction of a project, but not a permanent part of the project, such
as scaffolding, fences, trash containers, trailers, or portable offices.
"Traffic barricade manual" means the manual on proper barricading and
traffic control practices, published by the transportation engineer.
"Transportation engineer" means the city transportation engineer or his/her
authorized representative.
"Use permit" means any writing from the city authorizing a user to use any
portion of the public way, including without limitation any franchise agreement,
lease, permit, license or easement.
"User" means any person which uses or proposes to use the public way, or
any facilities located wholly or partially within the public way, for any purpose,
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other than as a member of the general public, all as more particularly described in
the public way ordinance.
"Work in the Public Way" means and includes all activity which involves the
physical occupancy or other obstruction of the public way.
"Work site restoration" means and includes the restoration of the original
ground or paved hard surface area to comply with engineering regulations, and
includes but is not limited to repair, cleanup, backfilling, compaction, and
stabilization, paving and other work necessary to place the site in acceptable
condition following the conclusion of the work, or the expiration or revocation of
the permit.
14.32.015. Orders, rules and regulations.
In addition to the requirements set forth in this Chapter 32, the City Engineer
may adopt such orders, rules and regulations which are reasonably necessary to
accomplish the purposes of this Chapter and are consistent herewith.
14.32.101 Permit required; persons eligible for permit.
(A) Any person desiring to perform any work of any kind in the public way
shall first apply for and obtain a permit for such work. It is unlawful for any
person to commence work in the public way until the engineer has approved the
application and until a permit has been issued for such work, except as specifically
provided to the contrary in this Chapter.
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(B) No person shall be eligible to apply for or receive a permit, save and
except the following:
1. Contractors licensed by the state as general contractors;
2. Public utility companies;
3. The city;
4. Residents installing, replacing, or maintaining less than five hundred
square feet or one hundred linear feet of sidewalk, curb and gutter, or driveway
approach, or other work approved by the City Engineer, upon a portion of the
public way adjacent to their residence.
5. Persons performing work which requires the use and occupation of the
public way, such as the construction of scaffolding, the staging of cranes, the
installation or maintenance of electric signs, glass, awnings, and painting or
cleaning of buildings or sign boards or other structures.
(C) It is lawful for a city, county, or state employee to perform routine
maintenance work, not involving excavations, without first having obtained a
permit therefor.
(D) A permit is not required for hand digging excavations for installation or
repair of sprinkler systems and landscaping within the nonpaved areas of the public
way. However, conformance to all city specifications is required.
(E) Permits pertaining to emergency work are addressed in Section
14.32.118.
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14.32.103 Permit application requirements.
A. Applications for a permit shall be filed with the City Engineer on a
form or forms to be furnished by the City Engineer, and shall contain:
(i) The name, address, telephone, and facsimile number of the
applicant. Where an applicant is not the owner of the facility to
be installed, maintained or repaired in the public way, the
application also shall include the name, address, telephone, and
facsimile number of the owner;
(ii) A description of the location, purpose, method of the proposed
work, and surface and subsurface area to be affected;
(iii) A plan showing the proposed location of the work and the
dimensions of any excavation and the facilities to be installed,
maintained, or repaired in connection with the work, and such
other details as the City Engineer may require;
(iv) A copy or other documentation of the use permit authorizing the
applicant or owner to use or occupy the public way for the
purpose described in the application. Where the applicant is not
the owner of the facility or facilities to be installed, maintained,
or repaired, the applicant must demonstrate in a form and
manner specified by the City Engineer that the applicant is
authorized to act on behalf of the owner;
(v) The proposed start date of work;
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(vi) The proposed duration of the work, which shall include the
duration of the restoration of the public way physically
disturbed by the work;
(vii) Written certification that all material to be used in the work and
restoration of the public way, will be on hand and ready for use
so as not to delay the work and the prompt restoration of the
public way;
(viii) Written certification that the applicant and owner are in
compliance with all terms and conditions of this Chapter, the
orders, and all applicable rules and regulations of the City
Engineer, and that the applicant and owner are not subject to
any outstanding assessments, fees or penalties that have been
finally determined by the city;
(ix) Evidence of insurance as required by Section 14.32.1 1 1;
(x) A performance deposit as required by Section 14.32.112; and
(xi) Any other information that may reasonably be required by the
City Engineer.
14.32.105. Permit application approval criteria.
(A) Factors to be considered by the city in reviewing the permit for
approval, and the scope and timing of approved work, shall include, among other
things, the following:
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1. The capacity of the public way to accommodate the facilities
proposed to be constructed and installed, and the compatibility of such new
facilities with existing facilities;
2. Any damage to or disruption of public or private facilities,
improvements, or landscaping then existing in the public way;
3. The public interest in minimizing the cost and disruption of
construction from numerous excavations in the public way;
4. Any then existing excavation restrictions imposed by the City
Engineer pursuant to Section 14.32.115 hereof;
5. The availability of alternatives to excavation, including without
limitation the existence of excess capacity in the public way;
6. The qualifications and reputation of the applicant;
7. The financial strength of the applicant, including the applicant's
ability to provide the required bonding and security; and
8. Potential conflicts with other uses of the public way.
(B) The City Engineer may deny the issuance of permits to persons who
have shown by past performance that they will not consistently conform to the
engineering regulations, construction specifications, design standards or the
requirements of this Chapter; provided that prior to any such denial, such person
shall be given written notice of the basis for such denial, and shall be given a
reasonable opportunity to be heard in connection therewith.
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(C) When necessary, in the judgment of the City Engineer, to fully
determine the relationship of the work proposed to existing or proposed facilities
within the public ways, or to determine whether the work proposed complies with
the engineering regulations, construction specifications and design standards, the
City Engineer may require the filing of engineering plans, specifications and
sketches showing the proposed work in sufficient detail to permit determination of
such relationship or compliance, or both, and the application shall be deemed
suspended until such plans and sketches are filed and approved.
(D) The disapproval or denial of an application by the City Engineer may
be appealed by the applicant to the Director of Community and Economic
Development, by the filing of a written notice of appeal within ten (10) days of
denial. The Director of Community and Economic Development shall hear such
appeal and render his/her decision, within fifteen (15) days following notice of such
appeal.
(E) In approving or disapproving work within the public way, or permits
therefor; in the inspection of such work; in reviewing plans, sketches or
specifications; and generally in the exercise of the authority conferred upon him/her
by this Chapter, the City Engineer shall act in such manner as to preserve and
protect the public way and the use thereof.
14.32.106 Completion date for work.
(A) Work shall be completed within thirty (30) days from the starting date,
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or within such shorter period as shall be directed by the City Engineer. Such
determination shall be based upon factors reasonably related to the work to be
performed under the permit. Such factors may include, in addition to other factors
related to the work to be performed, the following:
(i) The scope of work to be performed under the permit;
(ii) Maintaining the safe and effective flow of pedestrian and
vehicular traffic on the public way affected by the work;
(iii) Protecting the existing improvements to the public way
impacted by the work;
(iv) The season of the year during which the work is to be
performed as well as the current weather and its impact on public safety and
the use of the public way by the public;
(v) Use of the public way for extraordinary events anticipated by
the City.
The City Engineer shall be notified by the permittee of commencement of the
work within twenty-four hours prior to commencing work. The permit shall
be valid for the time period specified in the permit.
(B) If the work is not completed during such period, the permittee may
apply to the City Engineer for an additional permit or an extension, which may be
granted by the City Engineer for good cause shown and upon compensating the
City for any damages associated with such delay.
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(C) The length of the extension requested by the permittee shall be
subject to the approval of the City Engineer. No extension shall be made that
allows work to be completed between November 16 of each year through March
31 of the following year, without payment of winter fees.
14.32.107. Permit - No transfer or assignment.
Permits shall not be transferable or assignable, and work shall not be
performed under a permit in any place other than as specified in the permit.
Nothing herein contained shall prevent a permittee from subcontracting the work to
be performed under a permit; provided, however, that the holder of the permit and,
in the case of a permit issued in the name of a general contractor, the person for
whom work is being performed by such general contractor, shall be and remain
responsible for the performance of the work under the permit, and for all bonding,
insurance and other requirements of this Chapter and under said permit.
14.32.108 Owner and applicant both responsible.
The terms and provisions of the permit, the terms and provisions of this
Chapter 32, and the terms and provisions of any applicable orders, rules and
regulations, shall be binding upon and applicable to both (i) the applicant, and (ii) in
the case of an applicant who is not also the owner, the owner on whose behalf the
applicant is acting.
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14.32.109. Permit constitutes agreement.
The acceptance of any permit shall constitute such an agreement by the
permittee to comply with all of the terms, conditions and requirements of this
Chapter.
14.32.110 Liability and indemnification.
Each permit, except one obtained for work involving the city, shall
incorporate by reference and require the permittee and the owner to comply with
the liability and indemnity provisions set forth below in this Section.
(A) Each owner and permittee is wholly responsible for the quality of the
work performed in the public way and both the owner and permittee are jointly
responsible for all consequences of any condition of such work and any facilities
installed in the public way. The issuance of any permit, the performance of any
inspection or repair, the making of any suggestion, the issuance of any approval, or
the acquiescence of any person affiliated with the office of the City Engineer shall
not excuse any owner or permittee from such responsibility or liability.
(B) Indemnification, defense, and hold harmless. (i) Each owner and
permittee shall agree on its behalf and that of any successor or assign to
indemnify, defend, protect, and hold harmless the city, including, without
limitation, each of its officers, agents, and employees, from and against any and all
actions, claims, costs, damages, demands, expenses, fines, injuries, judgments,
liabilities, losses, penalties, or suits including, without limitation, attorneys' fees
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and costs (collectively, "claims") of any kind allegedly arising directly or indirectly
from:
(1) any act or omission by, or negligence of, the owner
or the permittee or its subcontractors, or the officers, agents, or
employees of either, while engaged in the performance of the
work authorized by the permit, or while in or about the property
subject to the permit for any reason connected in any way
whatsoever with the performance of the work authorized by the
permit, or allegedly resulting directly or indirectly from the
maintenance or installation of any equipment, facility, facilities
or structures authorized under the permit, including without
limitation, injuries relating to falling objects or failure to maintain
proper barricades and/or lights as required;
(2) any accident, damage, death or injury to any
contractor or subcontractor, or any officer, agent, or employee
of either of them, while engaged in the performance of the work
authorized by the permit, or while in or about the property for
any reason connected with the performance of the work
authorized by the permit, or arising from liens or claims for
services rendered or labor or materials furnished in or for the
performance of the work authorized by the permit, including
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without limitation, injuries relating to falling objects or failure to
maintain proper barricades and/or lights as required;
(3) any accident, damage, death, or injury to any person(s) or
accident, damage, or injury to any real or personal property or
good will in, upon, or in any way allegedly connected with the
work authorized by the permit from any cause or claims arising
at any time, including without limitation, injuries relating to
falling objects or failure to maintain proper barricades and/or
lights as required; and
(4) any release or discharge, or threatened release or
discharge, of any hazardous material caused or allowed by
permittee about, in, on, or under the work site subject to the
permit or the environment. As used herein, "hazardous
material" means any gas, material, substance, or waste which,
because of its quantity, concentration, or physical or chemical
characteristics, is deemed by any federal, state, or local
governmental authority to pose a present or potential hazard to
human health or safety or to the environment. "Release" when
used with respect to hazardous materials shall include any
actual or imminent disposing, dumping, emitting, emptying,
escaping, injecting, leaching, leaking, pumping, pouring, or
spilling.
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14.32.111 Insurance.
(A) Each owner or permittee shall maintain in full force and effect,
throughout the term of the permit, an insurance policy or policies issued by an
insurance company or companies authorized to do business in the State of Utah
and rated either (1) "A-," or better, or (2) listed in the U.S. Treasury Department's
then current listing of approved sureties by A.M. Best Company at the time the
permit is issued. Policy or policies shall afford insurance covering all operations,
vehicles, and employees, as follows:
(i) Workers' compensation insurance and employers'
liability insurance providing statutory benefits.
(ii) Commercial General Liability Insurance with limits
not less than $250,000 each occurrence combined single limit
for bodily injury and property damage, including contractual
liability; personal injury; explosion, collapse, and underground
(xcu); products; and completed operations.
(iii) Business Automobile Liability Insurance with limits
not less than $250,000 each occurrence combined single limit
for bodily injury and property damage, including owned, non -
owned, and hired auto coverage, as applicable;
Notwithstanding the minimum insurance limits set forth above, insurance
limits shall not be less than the then applicable statutory governmental immunity
limit. The City Engineer, with the concurrence of the City Attorney, may increase
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the minimum insurance limits as to any permit as the best interests of the City may
dictate; based on a balancing of the risks and benefits.
(B) Said policy or policies shall include the city and its officers and
employees jointly and severally as additional insureds (except for Workers'
Compensation Insurance), shall apply as primary insurance, shall stipulate that no
other insurance affecting the city will be called on to contribute to a loss covered
thereunder, and shall provide for severability of interests. Said policy or policies
shall provide that an act or omission of one insured, which would void or otherwise
reduce coverage, shall not reduce or void the coverage as to any other insured.
Said policy or policies shall afford full coverage for any claims based on acts,
omissions, injury, or damage which occurred or arose, or the onset of which
occurred or arose, in whole or in part, during the policy period. Said policy or
policies shall be endorsed to provide thirty (30) calendar days advance written
notice of cancellation or any material change to the City Engineer.
(C) Should any of the required insurance be provided under a
claims -made form, the insured owner or permittee shall maintain such coverage
continuously throughout the term of the permit, and, without lapse, for a period of
three (3) years beyond the expiration or termination of the permit, to the effect
that, should occurrences during the term of the permit give rise to claims made
after expiration or termination of the permit, such claims shall be covered by such
claims -made policies.
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(D) Should any of the required insurance be provided under a form
of coverage that includes a general annual aggregate limit or provides that claims
investigation or legal defense costs be included in such general annual aggregate
limit, such general aggregate limit shall be double the occurrence or claims limits
specified above in subsection (A).
(E) Such insurance shall in no way relieve or decrease permittee's
and owner's obligation to indemnify the city under Section 14.32.110(B) or any
other provision of this Chapter.
(F) Certificates of insurance, in the form satisfactory to the City
Engineer, evidencing all coverages above, shall be furnished to or maintained on file
with the City Engineer before issuance of a permit, with complete copies of policies
furnished promptly upon the City Engineer's request.
(G) A property owner performing work adjacent to his/her residence
submit proof of a homeowner's insurance policy in lieu of the insurance
may
requirements of this Section.
(H) A public utility company may be relieved of the obligation of
submitting certificates of insurance if such company shall submit satisfactory
evidence in advance that it is insured in the amounts set forth in this document, or
has complied with state requirements to become self insured. Public utilities may
submit annually evidence of insurance coverage in lieu of individual submissions for
each permit.
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(1) The City Engineer, with the concurrence of the City Attorney,
may modify the insurance requirements set forth above as they pertain to a
particular permit, as the best interests of the City may dictate, based on a
balancing of the risks and benefits.
14.32.112. Bond - Required when.
A. Except as noted in this chapter, each applicant, before being issued a
permit, shall provide the city with an acceptable corporate surety bond of fifteen
thousand dollars to guarantee faithful performance of the work authorized by a
permit granted pursuant to this chapter. The amount of the bond required may be
increased or decreased in the discretion of the City Engineer whenever it appears
that the amount and cost of the work to be performed, and not satisfactorily
completed, may vary from the amount of bond otherwise required under this
chapter.
B. Public utilities franchised by the city and property owners performing
work adjacent to their residence, shall not be required to file a corporate surety
bond provided said companies or persons agree to be fully bound by the conditions
set forth in Section 14.32.113 of this chapter, or its successor.
14.32.113. Bond - Conditions - Warranty.
A. The bond required by Section 14.32.112 or its successor, shall be
conditioned that the permittee shall:
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1. Fully comply with the requirements of the city ordinances and the
regulations, specifications and standards promulgated by the city relative to work
in the public way, and respond to the city in damages for failure to conform
therewith;
2. After work is commenced, the permittee shall proceed with diligence
and expedition and shall promptly complete such work and restore the public way
to construction specifications, so as not to obstruct the public place or travel
thereon more than is reasonably necessary;
3. Guarantee the materials and workmanship for a period of two years
from completion of such work, reasonable wear and tear excepted.
B. Unless authorized by the City Engineer on the permit, all paving and
replacement of street facilities on major or collector streets shall be done in
conformance with the regulations contained herein within three calendar days, and
within seven calendar days from the time the excavation commences on all other
streets, except as provided for during excavation in winter or during weather
conditions which do not allow paving according to engineering regulations. In
winter, a temporary patch must be provided. In all excavations, restoration of
pavement surfaces shall be made immediately after backfilling is completed or
concrete is cured. If work is expected to exceed the above duration, the permittee
shall submit a detailed construction schedule for approval. The schedule will
address means and methods to minimize traffic disruption and complete the
construction as soon as reasonably possible.
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14.32.114 Coordination of work within the public way.
(A) The City Engineer shall, on or prior to October 1 of each year, publish
in a newspaper of general circulation within the city, and mail to all persons who
have made written request to the City Engineer therefor, a schedule identifying the
location and anticipated start date and completion date of all street construction or
reconstruction and overlays constituting major work, anticipated to be performed
within the city during the three-year period beginning on the next succeeding
January 1. Such schedule shall be updated quarterly and shall be available for
inspection at the office of the City Engineer.
(B) Each user and prospective user shall provide to the City Engineer, on
or before November 1 of each calendar year, on a form approved by the City
Engineer, a construction schedule which identifies, in reasonable detail, the
location, and anticipated start date and completion date, of all anticipated major
work to be conducted within the public way during the three-year period beginning
on the next succeeding January 1. Failure of a user to identify work in the
construction schedule shall not of itself preclude the issuance of a permit for such
work; provided, however, that the City Engineer may deny the permit until the
proposed work can be considered by the City Engineer in connection with the
imposition of excavation restrictions and the publication of notice thereof pursuant
to Section 14.32.115(C).
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(C) Any requests to maintain the confidentiality of information submitted
pursuant to subsection (B) above shall be considered by the city in accordance with
the provisions of the Utah Governmental Immunity Act, Title 63, Chapter ,2, Utah
Code Ann., or any successor provisions. It shall be the general policy of the City
Engineer to disclose information in order to facilitate coordination among users and
avoid unnecessary or prolonged excavation of city streets.
(D) The City Engineer shall use the information provided pursuant to
subsection (B) above to coordinate construction activities in the public way, to
identify conflicts and opportunities for coordination, and to determine the nature
and scope of any excavation restrictions to be imposed for affected portions of the
public way. The City Engineer may, in his discretion, and for the purpose of
realizing the objectives set forth in the preamble to this ordinance: (i) schedule
work in the public way in the order in which applications are filed, and without
regard to other work in the public way; (ii) either delay or accelerate the
commencement date of certain work so that such work is performed
simultaneously; or (iii) either delay or accelerate the commencement date of certain
work so that such work is performed in sequence, or is separated by a reasonable
period of time.
(E) Each applicant shall use the information available pursuant to
subsections (A) and (B) above, or otherwise, to coordinate, in good faith, its
proposed work in the public way with work proposed by the city or other users.
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14.32.115 Excavation Restrictions.
(A) The City Engineer shall, from time to time, impose excavation
restrictions on portions of the public way, as provided in subsection (B) below.
Except as provided in Section 14.32.116, the City Engineer shall not issue a permit
for any portion of the public way subject to an excavation restriction, contrary to
the terms of such restriction.
(B)(i) Excavation restrictions shall be imposed by the City Engineer for
seven (7) years following the completion of new streets, and for three
(3) years following the resurfacing of streets.
(ii) Following the completion of any work in the public way pursuant to a
permit, the City Engineer shall impose excavation restrictions of five
(5) years either (a) solely on the owner performing such work, or (b)
on such owner and on such other prospective permittee or class of
permittees as the City Engineer shall determine.
(iii) Excavation restrictions shall be imposed by the City Engineer on any
portion of the public way for so long as excess capacity exists in
such portion of the public way.
(iv) The excavation restrictions imposed by the City Engineer may be
either limited or comprehensive in scope. For example, a limited
restriction on excavation for construction of telecommunication lines
shall not preclude excavations for gas utility lines. A comprehensive
restriction shall restrict all activity in the affected portion of the public
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way, except as otherwise provided in this ordinance. In addition, the
categories identified in (B)(i), (ii) and (iii) above are not mutually
exclusive. For example, the City Engineer may impose a
comprehensive 3-year restriction on a resurfaced street, and at the
same time a limited 5-year restriction on electric utility facilities for the
same street, if electric utility facilities were installed at the time of the
street resurfacing.
(v) The nature, scope and duration of the restriction shall be consistent
with the terms described in the notice provided for in subsection (C).
(vi) The nature, scope and duration of each excavation restriction shall be
evidenced in writing, which writing shall be maintained in the files of
the City Engineer, and shall be available for inspection during regular
business hours at the office of the City Engineer.
(C) The City Engineer shall publish, or cause to be published, on or before
December 31 of each year, a notice advertising his/her intent to impose excavation
restrictions relating to portions of the public way which will be under construction
during the next succeeding calendar year. The notice shall be published at least
once each week for three consecutive weeks in a newspaper of general circulation
within the city, which is used by the city for the publication of legal notices;
provided that the first publication shall be on or before December 31. In addition,
such notice shall be mailed by the City Engineer to each person which has made
written request therefor. Such notice shall describe (i) the nature of the project
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giving rise to the restriction, (ii) the portion of the public way affected by the
restriction; (iii) the effective date of the restriction; (iv) the duration of the
restriction; and (v) the nature of the restriction. The notice shall invite all potential
users to whom the restriction will apply to participate in the project in the manner
described by the City Engineer, which may include (a) locating facilities in the same
trench as an applicant, (b) sharing the cost of joint facilities with such applicant, (c)
co -locating facilities within a common conduit, (d) entering into lease arrangements
with the applicant for use of facilities, (e) constructing separate facilities in the
project area within the same time frame, (f) otherwise cooperating in a manner
mutually agreeable to such users or (g) participating in the project in such manner
as the City Engineer determines shall be in the best interests of the city. All co -
locations shall comply with applicable building and safety codes or requirements.
Such notice shall further provide that all interested users must file a permit
application with the City Engineer not later than six (6) weeks prior to the
estimated date of commencement of construction of the proposed project. Nothing
herein shall require the City Engineer to publish notice of an excavation restriction
which applies to only one user, provided that written notice of such excavation
restriction is mailed or otherwise provided to such user.
Section 14.32.116 Exceptions to excavation restrictions.
The City Engineer shall temporarily or permanently suspend an excavation
restriction for any of the following reasons:
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(a) To permit work to be performed by the city;
(b) To permit emergency repair work, or, in the discretion of the City
Engineer, work which could not reasonably have been anticipated by the applicant
at the time of publication of the notice described in Section 14.32.115(C);
(c) Excess capacity no longer exists in the restricted portion of the public
way;
(d) To permit the installation of service laterals, the need for which could
not have been reasonably anticipated at the time of publication of the notice
described in Section 14.32.115(C); or
(e) Suspension of the restriction is otherwise in the city's best interest.
Section 14.32.117 Excess capacity.
Each competitive utility provider applicant shall, as a condition of the permit,
(i) demonstrate to the city that the facilities proposed to be installed are reasonably
anticipated to provide sufficient capacity to satisfy the needs of such applicant for
a minimum of five (5) years following installation, and (ii) install additional facilities
designed to provide double the capacity indicated in (i) above, or such lesser or
greater additional capacity as shall reasonably be required by the City Engineer. By
way of example, and without limiting the generality of the foregoing, an applicant
proposing to install one "quad" conduit shall install two quad conduits. Such
excess capacity shall be owned by the applicant, but shall be leased or otherwise
made available to other users pursuant to the city's public way ordinance. The
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City Engineer may waive this requirement if, in the judgment of the City Engineer,
the requirement will have the effect of precluding a less intrusive alternative. For
example, a user proposing to bore under the public way may be relieved of this
requirement if a surface cut would be required to install excess capacity.
14.32.118. Emergency work.
A. Any person maintaining pipes, lines or other facilities in the public way
may proceed with work upon existing facilities without a permit when emergency
circumstances demand the work to be done immediately; provided a permit could
not reasonably and practicably have been obtained beforehand.
B. In the event that emergency work is commenced on or within any
public way of the city during regular business hours, the City Engineer shall be
notified within one-half hour from the time the work is commenced. The person
commencing and conducting such work shall take all necessary safety precautions
for the protection of the public and the direction and control of traffic, and shall
insure that work is accomplished according to the engineering regulations, the
Manual on Uniform Traffic Control Devices, the Salt Lake City Traffic Barricade
Manual, and other applicable laws, regulations and generally accepted industry
practices.
C. Any person commencing emergency work in the public way during
non -business hours without a permit shall immediately thereafter apply for a permit
or give notice during the first hour of the first regular business day on which city
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offices are open for business after such work is commenced, and a permit may be
issued which shall be retroactive to the date when the work has begun, at the
discretion of the City Engineer.
14.32.141. Compliance with specifications, standards and traffic - Control
regulations.
A. The work performed in the public way shall conform to the
requirements of the engineering regulations, design standards, construction
specifications and traffic control regulations of the city, copies of which shall be
available from the City Engineer and kept on file in the office of the City Recorder
and the City Engineer, and shall be open to public inspection during office hours.
B. All excavations shall be conducted in a manner resulting in a minimum
amount of interference or interruption of street and pedestrian traffic. All-weather
pedestrian access to businesses shall be provided. Suitable, adequate and
sufficient barricades and/or other structures will be available and used where
necessary to provide safe and efficient traffic flow, and to prevent accidents
involving property or persons. Barricades must be in place until all of the
permittee's equipment is removed from the site and the excavation has been
backfilled and the public way restoration has been completed. From sunset to
sunrise, all barricades and excavations must be clearly outlined by adequate signal
lights, torches, etc. The Transportation Division, the Police Department and the Fire
Department shall be notified at least 24 hours in advance of any planned
excavation requiring street closure or traffic detour.
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14.32.143. Job site permittee identification.
Whenever a job site is left unattended, before completion of the work, a sign
with minimum two -inch -high letters shall be attached to a barricade or otherwise
posted at the site, indicating permittee's name, or company name, telephone
number, and after hours telephone number.
14.32.145. Parking meter removal or occupation.
Where any of the activities permitted by this Chapter require the removal or
extended occupation of parking meters, applicant shall comply with conditions set
forth in Section 14.12.130, or its successor.
14.32.151. State highway permits.
A. Holders of permits for work on state highways within the city limits,
issued by the Department of Transportation of the state, shall not be required to
obtain permits from the city under the provisions of this Chapter, unless the work
extends beyond the back side of the curb. Any city permit shall not be construed to
permit or allow work in a state highway within the city without a state permit.
B. The City Engineer shall have the right and authority to regulate work
under state highway permits with respect to hours and days of work, and
measures required to be taken by the permittee for the protection of traffic and
safety of persons and property.
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14.32.153. Relocation of structures in public ways.
A. The City Engineer may direct any person owning or maintaining
facilities or structures in the public way to alter, modify or relocate such facilities or
structures. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash
receptacles and overhead and underground gas, electric, telephone and
communication facilities shall specifically be subject to such directives. The person
owning or maintaining the facilities or structures shall, at their own cost and
expense and upon reasonable written notice by the city, promptly protect, or
promptly alter or relocate such facilities or structures, or part thereof, as directed
by the city. In the event that such person refuses or neglects to conform to the
directive of the city, the city shall have the right to break through, remove, alter or
relocate such part of the facilities or structures without liability to such person.
Such person shall pay to the city all costs incurred by the city in connection with
such work performed by the city, including also design, engineering, construction,
materials, insurance, court costs and attorneys fees, and all costs of construction
delays caused by such person's failure to promptly relocate facilities.
B. Any directive by the City Engineer shall be based upon one of the
following grounds:
1. The facility or structure was installed, erected or is being maintained
contrary to law, or determined by the City Engineer to be structurally unsound or
defective;
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2. The facility or structure constitutes a nuisance as defined under state
statute or city ordinance. (This Section shall not, however, be deemed to diminish
the vehicle impound authority of the police department under Chapter 12.96 of the
Salt Lake City Code, or its successor);
3. The authority under which the facility or structure was installed has
expired or has been revoked;
4. The facility or structure is not in conformity with or interferes with
public or private improvements proposed for the area; or
5. The public way is about to be repaired or improved and such facilities
or structures may pose a hindrance to construction.
C. Any directive of the City Engineer under this Section shall be under
and consistent with the city's police power. Unless an emergency condition exists,
the City Engineer shall make a good faith effort to consult with the person
regarding any condition that may result in a removal or relocation of facilities in the
public way to consider possible avoidance or minimization of removal or relocation
requirements and provide the directive as far enough in advance of the required
removal or relocation to allow the person a reasonable opportunity to plan and
minimize cost associated with the required removal or relocation.
D. This obligation does not apply to facilities or structures originally
located on private property pursuant to a private easement, which property was
later incorporated into the public way, if that prior private easement grants a
superior vested right.
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E. Any person owning or maintaining facilities or structures in the public
way who fails to alter, modify or relocate such facilities or structures upon notice
to do so by the City Engineer shall be guilty of a misdemeanor. All costs of
alteration, modification or relocation shall be borne by the person owning or
maintaining the facilities or structures involved.
F. The city may, at any time, in case of fire, disaster or other emergency,
as determined by the city in its reasonable discretion, cut or move any parts of
facilities and appurtenances on, over or under the public way, in which event the
city shall not be liable therefor to any person. The city shall notify a person in
writing prior to, if practicable, but in any event as soon as possible and in no case
later than the next business day following any action taken under this subsection.
14.32.154 Impact of excavation on existing improvements.
A. If any sidewalk or curb ramp is blocked by excavation work, a
temporary sidewalk or curb ramp shall be constructed or provided. Said temporary
improvement shall be safe for travel and convenient for users, and consistent with
city standards for such.
B. 1. At any time a permittee disturbs the yard, residence or the real
or personal property of a private property owner or the city, such permittee
shall ensure that such property is returned, replaced and/or restored to a
condition that is comparable to the condition that existed prior to the
commencement of the work.
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2. The costs associated with the disturbance and the return,
replacement and/or restoration shall be borne by the permittee. Further, a
permittee shall reimburse a property owner or the city, for any actual
damage caused by the permittee, its subcontractor, or its independent
contractor, in connection with the disturbance of such property. However,
nothing in this subsection shall require the permittee to pay a subscriber or
private property owner when that subscriber or private property owner
requests that the permittee remove, replace or relocate improvements
associated with the service provided by the permittee to the property owner
and when the permittee exercises due care in the performance of that
service, or when the subscriber or private property owner provided false
information to the permittee on which the permittee relied to its detriment.
C. Examples of types of acts specifically included in this Section are the
following:
1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or
fence, to install, trench, repair, replace, remove or locate, equipment, cable
or other appurtenances of the permittee;
2. Installation or removal of equipment or other appurtenances of
the permittee's facilities within a private property owner's property or
residence which requires drilling, excavating, plastering, or the like on the
part of the permittee;
38
3. Temporarily relocating or moving a piece of personal property or
a fixture of a private property owner (such as a motor vehicle, fence, air
conditioning, heating unit, or the like) in order to perform some sort of
construction, maintenance or repair by the permittee; or
4. Permanently removing a permittee's equipment or other
appurtenances due to the revocation, termination or non -renewal of the
franchise (if applicable).
D. Existing drainage channels, such as gutters or ditches, shall be kept
free of dirt or other debris so that natural flow will not be interrupted. When it is
necessary to block or otherwise interrupt flow of the drainage channel, a method of
rerouting the flow must be submitted for approval by the Director of the city's
Department of Public Utilities prior to the blockage of the channel.
E. The requirements imposed upon the permittee extend to any
subcontractor or independent contractor that the permittee might employee to
perform the tasks pursuant to the permit.
F. The requirements of this Section shall not apply to the removal by a
permittee, of a permanent structure placed by a property owner in a public way,
unless such property owner has received prior written permission from the city
granting the property owner the right to install a permanent structure on a public
way, and such written permission has been recorded in the office of the County
Recorder.
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14.32.155 Restoration of Public Property.
A. The permittee shall, at its own expense, restore all public way
facilities modified, damaged or removed by the permittee to a condition that is
comparable to or better than the condition that existed prior to the commencement
of the work. All restoration shall conform to the engineering regulations, design
standards and specifications promulgated by the city and shall be accomplished
within the time limits set forth in the permit, unless additional time is granted in
writing by the City Engineer.
14.32.156 Repair and Maintenance Obligation of Permittee.
Each owner and permittee that causes work to be performed in the public
way shall be responsible to maintain, repair, or reconstruct the site of the work so
as to maintain a condition acceptable to the City Engineer until such time as the
public way is reconstructed, repaved, or resurfaced.
14.32.185 Tampering with traffic barricades.
It is unlawful for any person maliciously or wantonly or without authorization
and legal cause to extinguish, remove or diminish any Tight illuminating any
barricade or excavation or to tear down or remove any rail, fence or barricade
protecting any excavation or other construction site.
40
14.32.186 Conflict with governing provisions.
Should there be a conflict between the provisions of this Chapter and the
provisions of any other ordinance, agreement, franchise, or other document
governing the excavation of a public way, the more restrictive provisions of the
aforesaid documents shall apply.
Article II. Occupying the Public Way While Working on Private Property
14.32.201 Permit required for certain work.
A. Required for Obstruction of Public Way. Except for a period of
fourteen days prior to scheduled city -sponsored cleanup campaigns, it is unlawful
for any person to place, cast, deposit, permit, erect, or suffer to remain in or upon
any public way in the city any obstruction as defined in this Chapter, without
obtaining from the City Engineer permission so to do, and then only in strict
accordance with the terms and conditions of these ordinances and of the express
permission granted.
B. Required for Occupation of Street with Building Material. It is unlawful
for any person to occupy or use any portion of a public way for the storage of
construction or landscaping materials and/or equipment without first making
application for and receiving a permit for the occupation or use. However, no fence
construction pursuant to these ordinances and no building material shall remain in
place on any public way after the ending date of the permit, unless said permit is
extended by the City Engineer.
41
C. Required for Scaffold or Staging Over Public Way. It is unlawful for
any person to erect, build, maintain, swing or use any scaffold, fence or any other
temporary structure over or upon the public way without first obtaining a permit for
that purpose and paying the fee for such permit.
D. Not Required When. A permit is not required for use of the public way,
other than as noted in this article. However, all persons working within the public
way shall properly protect travelers thereon by conformance to the Salt Lake City
Traffic Barricade Manual. Any obstruction of a travel lane on any collector or
arterial street, as defined in the Salt Lake City Official Street Map, for a period of
more than twenty minutes shall be barricaded in accordance with a traffic plan
approved by the transportation engineer.
14.32.211 Permit limitations.
A. Removal of Obstruction and Rubbish Required. No portion of a public
way other than that set forth in the permit shall be used for depositing materials for
future work or for receiving rubbish from such work. All obstructions and other
rubbish shall be removed by the permittee at such times as the City Engineer may
direct and in case of the neglect or refusal of such permittee to remove such
rubbish or obstruction, the City Engineer may cause it to be removed at the
permittee's expense in accordance with the law.
B. Restriction to Eight Feet. No permit to occupy the public way with
building materials or barricade fence shall be granted that will allow occupation of
42
more than eight feet in the roadway portion of the public way. This distance may
be extended to a maximum distance of fifteen feet at the discretion of the city
transportation engineer when, in his/her opinion, additional space is deemed
necessary and when the additional space will not adversely impact traffic flow.
C. Maintenance of Drainage Channels. Existing drainage channels such as
gutters or ditches shall be kept free of dirt or other debris so that natural flow will
not be interrupted. When it is necessary to block or otherwise interrupt flow of the
drainage channel, a method of rerouting the flow must be submitted for approval
by the City Engineer prior to blockage of the channel.
D. Maintenance of Pedestrian Ways. Barricades or covered walkways
placed in accordance with the Salt Lake City Barricade Manual, shall be provided at
all times for the protection of the general public when any work or storage of
material which has been approved and is being accomplished within the public
right-of-way.
14.32.231
Right-of-way obstruction permit - ReyieW and inspection fees.
The City Engineer shall charge, and the city treasurer shall collect, upon
issuing a permit, the following fees for review of the application and site inspection
of obstructions in the public way:
A. Monthly,,,,'iee. (Construction Barricades Requiring More Than Five
Days.) In addjt-ion to excavation fees:
43
1. Flat fee for all or any part of a block face: one hundred sixty dollars
per month,
2. Each additional block face: one hundred fifty -dollars per month;
B. Short -Term Occupation of the Public Way. (Five Days or Less.)
Scaffolding or other temporary structures over public way, or storage of
construction materials or soil. Permit up to and including five days: twenty-five
dollars per setup. No fee sha'(i be charged for scaffolding or staging done behind an
approved barricade fprice.
C. Permit Extension. The fee for each permit extension shall be thirty-two
dollars.
Article III. Installation, Modification or Replacement of Public Way Improvements
14.32.305 Purpose and benefit of provisions.
A. Purpose. This article is enacted for the purpose of promoting the
health, safety and welfare of the inhabitants of the city by keeping sidewalks, curb,
gutters, drive approaches and appurtenances, such as parking bays and carriage
walks in safe, usable condition. To this end it is deemed the responsibility of
owners to notify the city of any defective concrete existing at their property and,
upon replacement of the defective concrete, to pay an amount equal to the
resulting benefit to the improved property.
B. Benefit. It is hereby found and determined that the replacement of
defective concrete will result in an improvement benefiting the adjoining property in
44
the amount of fifty percent of the total replacement cost in the case of property
used as a residence or residences, and one hundred percent of the total
replacement cost in the case of property used as multiple dwelling units, an
apartment house, a business, or for any purpose other than as a residence. The
difference in resulting benefits as compared to the cost of replacement is based
upon a finding of the city council of factors indicating substantially greater benefits
to properties used for the purpose other than as residences.
14.32.311. Defective concrete - Duty of owner or tenant.
Any person owning real property in the city and any tenant of real property
in the city shall:
1. a. Report to the City Engineer's office the fact that any defective
concrete exists in front of or along the side of the property owned or occupied by
such owner or tenant;
b. The owner shall correct the problem and may elect to proceed to
correct the problem in accordance with Section 14.32.325 or its successor, and
2. Take such temporary steps as needed to protect the public from the
hazard until the hazard is repaired.
14.32.315. Defective concrete - Discovery by city.
In the event any defective concrete is discovered or observed by the city,
the city shall have the right to give notice to the owner of the adjacent property the
45
same as if reported by the owner or tenant. The owner and/or tenant shall have the
same duties as set forth in Section 14.32.311 or its successor.
14.32.321. Defective concrete - Notice to replace - Contents.
Whenever the city receives notice of any defective concrete, or discovers
same and the city deems that such concrete is defective, it must be replaced. Upon
such determination by the city, it may notify the property owner whose property is
adjacent to the defective concrete where such replacement is needed that the
owner shall have the options provided in Section 14.32.325, or its successor, for
the method of replacement. Such notice shall also set forth the cost of replacement
to the owner in the event such replacement is made by the city or by a contractor
employed by the city.
14.32.325. Defective concrete - Repair options and costs.
After notice is given as specified in Section 14.32.321, or its successor, the
replacement of any defective concrete may be made in the manner as herein set
forth, and the cost thereof shall be paid as follows:
A. If the adjacent property is a residence, the owner may employ a
contractor or act as a contractor to make the required replacement, Such
replacement must be done according to city specifications, to the satisfaction and
approval of the City Engineer, only after obtaining the required permit and shall be
completed within sixty calendar days of receipt of the notice provided for in the
46
preceding Section. Replacement made under this subsection A shall be at the sole
cost and expense of the owner. Election by the owner to proceed under this
subsection A shall be entirely voluntary on the part of the owner and the
replacement costs paid by the owner shall not be deemed to be an assessment by
the city.
B. If the adjacent property is a residence, the owner may agree in
writing, upon forms approved by the city attorney, to pay fifty percent of the cost
thereof in advance, and the city shall pay the remaining fifty percent of the cost of
replacement, such amount being equal to the resulting benefit to the property. In
such case, the city shall make the replacement or employ a contractor to make
same, subject to the availability of funds.
C. For replacement made to defective concrete adjacent to an apartment
house, business, multiple dwelling units and any other case other than a residence,
the owner of the adjacent property shall pay one hundred percent of the total cost
of such replacement, said amount being equal to the resulting benefit to the
property. Such replacement may be accomplished, at the option of the owner, by a
contractor employed by the owner or, upon payment to the city of the total cost
thereof in advance, by the city. If done by a contractor employed by the owner,
such replacement must be done according to city specifications, to the satisfaction
and approval of the City Engineer. It shall be done only after obtaining the required
permit and completed within sixty calendar days, weather permitting, of receipt of
notice provided for in this Chapter.
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D. The owner must notify the City Engineer, within seven calendar days
of receipt of the notice provided for in the preceding Section, under which option
said owner wishes to proceed.
E. In the event the owner refuses to or does not notify the City Engineer
as to the option elected by the owner for the necessary replacement, or if the
owner submits a written request to have his or her property included in a special
improvement district, the city may then create a special improvement district for
the purpose of making the required replacement after such districts created, and
t14\
levy assessment on the property in accordance with Section 10-16-1 et seq., Utah
Code Annotated, 1953, as amended, or its successor. The assessment of the
owner's portion of the total replacement cost shall be equal to the benefit received
by the owner in accordance with the provisions of subsections B and C of this
Section. Such assessment shall be designated by the ordinance creating the special
improvement district to be paid by the owner of the property assessed over a
period of five years from the effective date of such ordinance.
F. This Section shall not preclude payment being made for replacement
to defective concrete adjacent to a residence by the city under special conditions,
such as the city receiving a federal grant for such replacement, a low income
abatement, as provided in Section 14.32.341 of this Chapter, or its successor, for
the city to pay all or a portion of said cost. Prior to making any abatement in
excess of fifty percent in the case of a residence, the mayor must first establish a
written executive policy concerning what percentage the city will pay.
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14.32.331. Ordinary repairs.
Any repairs required to be made to sidewalk or appurtenances which are not
defective, as defined in this Chapter, shall constitute ordinary repairs. In the event
the city determines that any ordinary repair should be made, the entire cost thereof
shall be borne by the city, subject to availability of funds.
14.32.335. Waiver of replacement requirement.
In the event the city determines that any defective concrete should not be
replaced because of a contemplated overall street repair or replacement project,
lack of funds or other good reason, the City Engineer or the City Engineer's
designee may temporarily waive the requirement of replacement.
14.32.341. Abatement of assessment - Conditions.
Assessments shall be equal and uniform according to the benefits received;
however, when the owner of a residence adjacent to any defective concrete which
requires replacement shall have a combined family income at or below the levels
established by the Department of Housing and Urban Development in its "Income
Limits for Housing and Community Development, Section 8 Program for Salt Lake
City and Ogden, Utah SMSA," as amended from time to time, the entire cost of
replacement may be paid by the city, subject to the availability of funds. Such
owner must file an application therefor with the city, in order for payments to be
abated. In order for the above income guidelines to become effective for the
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purposes of this Section, the city must receive notice of such amendment and
same must be adopted by the mayor by executive action.
14.32.345. Specifications and grades for construction.
All construction authorized by the permit issued under this Chapter shall be
constructed in accordance with the specifications and grades approved by the City
Engineer, and the acceptance of such permit shall be deemed an agreement by the
permittee to perform such construction in accordance with such specifications and
grades.
14.32.355. Sidewalks - Inspection and approval.
All sidewalks constructed in accordance with the permits authorized by this
Chapter shall be subject to inspection and approval by the City Engineer.
14.32.361. Driveway construction.
A. Permits. No permit shall be granted by the City Engineer without the
favorable recommendation of the transportation engineer, for any driveway
exceeding thirty feet in width except:
1. Industrial M-1, M-1A, M-2 and M-3 districts, as set forth in Title 21 of
the Salt Lake City Code, wherein driveways not exceeding forty feet in width may
be permitted; and
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2. In developed areas where street construction requires replacement of
existing nonconforming driveways, the City Engineer, upon favorable
recommendation from the transportation engineer, may allow replacement of such
nonconforming driveways when relocation of the driveway is not practical and will
adversely affect traffic.
B. Concrete Thickness. No driveway, including sidewalk section through
a driveway, shall be less than six inches thick; provided, however, that the City
Engineer may require that any driveway, including sidewalk, must be at least eight
inches thick when, in the opinion of the City Engineer, such driveway and sidewalk
will be used for heavy trucks, vehicles or equipment.
C. Multiple Drives, Islands and Landscaping. When more than one
driveway is required for any parcel of land, a sidewalk island of at least twelve feet
in width shall be provided and landscaped between such multiple driveways,
except in developed areas, where the street construction requires replacement of
existing driveways with nonconforming islands. In such circumstances, the City
Engineer, upon the favorable recommendation of the transportation engineer, may
allow the replacement of driveways with nonconforming islands or separations of
less than twelve feet in width, when relocation of the driveway is not practical and
will not adversely affect traffic. The City Engineer may direct that areas between
such multiple drives that are less than twelve feet in width be paved, if landscaping
is impractical.
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D. Corner Lot and Violation. In no case shall a permit be granted for a
driveway which will be within ten feet of the property line where it abuts any
intersecting street.
E. Denial for Dangerous Conditions. Where, in the opinion of the City
Engineer, upon recommendation of the transportation engineer, it would be
dangerous because of traffic, or because a driveway conflicts with any permanent
improvements or waterway, the City Engineer may refuse to issue the requested
driveway permit. Such denial by the City Engineer shall be final unless the applicant
appeals the matter to the board of adjustment. The board of adjustment shall have
the authority and discretion to either affirm the City Engineer's decision or specify
the conditions and location upon which a driveway may be permitted.
F. Pipe Driveway - Property Owner Responsibility. Permits for pipe
driveways shall be issued only for locations which meet criteria established by the
City Engineer, and where no other practical means is available to prevent vehicles
from dragging on the street or driveway. Pipe driveways are installed solely for the
convenience of the abutting property owner and must conform to Salt Lake City
design standards. The owner is responsible for keeping pipe driveways structurally
sound and free of debris so as not to impede the gutter flow.
Article IV. Fees and charges.
14.32.401 Excavation permit fees.
A. The City Engineer shall charge, and the city treasurer shall collect,
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upon issuing a permit, the following fees for review of the application and site
inspection of:
1. Excavation.
a. Hard Surfaced $ 0.23 per square foot
or 0.70 per lineal foot,
whichever is greater
b. Other $ 0.15 per square foot
Minimum Charge:
April 1st - November 15th
Hard surfaced $ 100.00
Other $ 65.00
November 16th - March 31 st
Hard surfaced $ 150.00
Other $ 95.00
2. Multiple Utility Excavation. Minimum fees shall be in accordance with
the following schedule, if the distance between excavations does not exceed one
block (six hundred sixty feet) along the same street.
Minimum Charge:
April 1st - November 15th
Hard surfaced $ 65.00
Other $ 38.00
November 16th - March 31 st
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Hard surfaced $ 100.00
Other $ 58.00
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 ordinance, shall be issued
only upon written authorization of the City Engineer and the permit fees shall be
two 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 street, such as applying seal coat or other surface
treatment 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 applicable restoration fees.
4. Poles and Anchors. Poles and anchors, thirty dollars each pole or
concrete pedestal or anchor.
B. Where any of the foregoing subsections specify a higher fee rate for
any period, such higher fee shall be applicable if any portion of the work is
completed during the higher fee period.
C. Permit extension: thirty-two dollars. The City Engineer may deny this
extension when work is not proceeding on the project in a satisfactory manner.
14.32.405 Public way improvement fees.
The City Engineer shall charge, and the City Treasurer shall collect, upon
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issuing a permit, the following fees for review of the application and site inspection
of public way improvements:
1. Curb and gutter $ 1.25 per lineal foot
2. Sidewalk, driveway approach $ 0.23 per square foot
Minimum Charge:
April 1st - November 15th $ 100.00
November 16th - March 31 st $ 150.00
3. Permit extension $ 32.00
4. For in -kind replacement of existing sidewalk, curb and gutter, or
driveway approach, a no -charge permit will be issued.
5. Where any of the foregoing subsections specify a higher fee
rate for any period, such higher fee shall be applicable if any portion of the work is
completed during the higher fee period.
14.32.410 Public way obstruction permit fees.
The City Engineer shall charge, and the City Treasurer shall collect, upon
issuing a permit, the following fees for review of the application and site inspection
of obstructions in the public way:
A. Monthly fee. (Construction Barricades Requiring More Than Five
Days.) in addition to excavation fees:
1. Flat fee for all or any part of a block face: one hundred sixty
dollars per month,
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2. Each additional block face: one hundred fifty dollars per month.
B. Short-Tem Occupation of the Public Way. (Five Days or Less.)
Scaffolding or other temporary structures over public way, or storage of
construction materials or soil. Permit up to and including five days: twenty-five
dollars 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 thirty-
two dollars.
14.32.435 Authorization of additional charges.
Additional charges to cover the reasonable cost and expenses of any
required engineering review, inspection, and work site restoration associated with
each undertaking may be charged by the city to each permittee, in addition to the
permit fee.
14.32.440 Permit fee waivers.
The City Engineer may waive permit fees or penalties or a portion thereof,
provided for in this Chapter, when he/she determines that such permit fee or
penalty (i) pertains to construction or rehabilitation of housing for persons whose
income is below the median income level for the city; or (ii) pertains to an
encroachment on the public way involving a beautification project which furthers
specific goals and objectives set forth in the city's strategic plan, master plans, or
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other official documents, including decorative street lighting, building facade
lighting, flower and planter boxes, and landscaping.
ARTICLE V. Applicability to City.
14.32.501 Applicability to City.
The provisions of this ordinance shall apply generally to the city and its
departments, except as follows:
a. 14.32.103 (a)(ix) and (x) Permit - Application requirements.
a. 14.32.110 Liability and Indemnification.
b. 14.32.111 Insurance.
c. 14.32.112 Bond - Required when.
d. 14.32.117 Excess Capacity.
e. 14.32.143 Job site permittee identification.
f. 14.32.153 Relocation of structures in public ways.
g. 14.32.231 Right-of-way obstruction permit - Review and inspection fees.
ARTICLE VI. Enforcement.
14.32.601. Work without permit - Penalty.
A. A stop order may be issued by the City Engineer directed to any
person or persons doing or causing any work to be done in the public way without
a permit. The abutting property owner shall be responsible for causing work to be
done.
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B. Any person found to be doing work in the public way without having
obtained a permit, as provided by this Chapter, shall be required to pay a permit fee
equal to two times the normal permit fee. For replacement work, where a fee is not
normally charged, the normal permit fee for new construction shall apply.
14.32.605. Failure to comply - Penalty.
A. Any permit may be revoked or suspended and a stop order issued by
the City Engineer, after notice to the permittee for:
1. Violation of any condition of the permit, the bond, or of any provision
of this Chapter;
2. Violation of any provision of any other ordinance of the city or law
relating to the work;
3. Existence of any condition or the doing of any act which does
constitute, may constitute or cause a condition endangering life or property.
B. A suspension or revocation by the City Engineer, and a stop order,
shall take effect immediately upon entry thereof by the City Engineer and notice to
the person performing the work in the public way.
14.32.610. Default in performance - Penalty.
Whenever the City Engineer finds that a default has occurred in the
performance of any term or condition of the permit, written notice thereof may be
given to the principal and to the surety on the bond, if there is a surety bond. Such
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notice shall state the work to be done, the estimated cost thereof, and the period
of time deemed by the City Engineer to be reasonably necessary for the completion
of the work.
14.32.615. Completion time - City to perform work when - Costs.
In the event that the surety (or principal), within a reasonable time following
the giving of such notice, (taking into consideration the exigencies of the situation,
the nature of the work, and the requirements of public safety and for the protection
of persons and property), fails either to commence and cause the required work to
be performed with due diligence, or to indemnify the city for the cost of doing the
work, as set forth in the notice, the city may perform the work, at the discretion of
the City Engineer, with city forces or contract forces or both, and suit may be
commenced by the city attorney against the contractor and bonding company and
such other persons as may be liable, to recover the entire amount due to the city,
including attorney fees, on account thereof. In the event that cash has been
deposited, the costs of performing the work may be charged against the amount
deposited, and suit brought for the balance due, if any.
14.32.620. Failure to conform to design standards - Penalty.
For failure to conform to the design standards and regulations, the City
Engineer may:
A. Suspend or revoke the permit;
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B. Issue a stop order;
C. Order removal and replacement of faulty work;
D. Require an extended warranty period;
E. Negotiate a cash settlement to be applied toward future maintenance
costs.
14.32.625 Appeal of suspension, revocation, or stop order.
Any suspension or revocation or stop order by the City Engineer may be
appealed by the permittee to the director of community and economic development
by filing a written notice of appeal within ten days of the action of the City
Engineer. The director of community and economic development shall hear such
appeal, if written request therefor be timely filed, as soon as practicable, and
render his/her decision within a reasonable time following filing of notice of appeal.
14.32.630 Violation - Penalty.
A violation of any provision of this Chapter, or failure to comply with a stop
order, shall be a Class B misdemeanor. Each day the violation exists shall be a
separate offense. No criminal conviction shall excuse a person from otherwise
complying with the provisions of this Chapter.
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Passed by the City Council of Salt Lake City, Utah, this loth day of
August , 1999.
ATTEST AND COUNTERSIGN:
CHIEF DEPUTY ITY ' CSRDER
Transmitted to the Mayor on August 11, 1999
Mayor's Action: xx Approved etoed
EST AND COUNTERSIGN:
IEF DEPUTY CITY RECORDER
f 1999.
ust 17, 199.9.
-excavatio-obstructions v14.doc
MAYOR
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APP4OVED At; le)
S4C i.,s Clij.
Nite