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030 of 2021 - Amending Chapter 14.32, SLC Code, Construction, Excavation, and Obstructions in the Public Right of1 SALT LAKE CITY ORDINANCE No. 30 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: Anything that obstructs the free use of the public way, including construction barricades, sidewalk canopies, containers, construction materials or equipment, or other object, thing, or substance that may interfere with or obstruct the free use of the public way by travelers, , or 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 fees, is amended as follows: 14.32.400: EXCAVATION PERMIT FEES: A. Fees: The city engineer shall charge, and the city shall collect, upon issuing a permit, the 2 fees shown on the Salt Lake City consolidated fee schedule with respect to excavation permits: 1. Excavation, 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 two times the normal rates. The city engineer may also require persons working in such portions of the public way to employ extraordinary measures in restoring said public way 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. 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, the winter time fee will be applicable if any portion of the work is done during the winter time fee period. 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, the city engineer shall charge, and the city shall collect, upon issuing a permit, the fees shown on the Salt Lake City consolidated fee schedule for 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 monthly 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 3 construction materials or equipment. 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 for such activities as barricading for sidewalk closures, lane closures, sidewalk canopies, containers in the public way, or storage of construction materials or equipment. 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 provided for in this chapter, when the city engineer determines that: (a) such permit fee pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; (b) such permit fee pertains to an encroachment on the public way involving a beautification project 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, 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 4 Salt Lake City Attorney’s Office Approved As To Form By: __________________________ Boyd Ferguson Date: _________________________ work required to be 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 15th day of June, 2021 ___________________________ CHARIPERSON ATTEST AND COUNTERSIGN: ____________________________ CITY RECORDER Transmitted to Mayor on________________________. Mayor’s Action: ______Approved. ________ Vetoed. ___________________________ MAYOR ___________________________ CITY RECORDER (SEAL) Date: Bill No. 30 of 2021. Published: _____________. Jul 6, 2021 Amy Fowler (Jul 7, 2021 07:55 MDT) Jul 7, 2021 Erin Mendenhall (Jul 16, 2021 14:31 MDT) 4 Cindy Trishman (Jul 19, 2021 07:22 MDT) Cindy Trishman (Jul 19, 2021 07:22 MDT) July 19, 2021 Work in Public Way - Ordinance 030 of 2021 Final Audit Report 2021-07-19 Created:2021-07-05 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAP3-J7OE4xZcQCQzUREFXrgoX1aBvBy06 "Work in Public Way - Ordinance 030 of 2021" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2021-07-05 - 4:24:08 PM GMT- IP address: 204.124.13.222 Document emailed to Boyd Ferguson (boyd.ferguson@slcgov.com) for signature 2021-07-05 - 4:26:44 PM GMT Email viewed by Boyd Ferguson (boyd.ferguson@slcgov.com) 2021-07-06 - 2:14:13 PM GMT- IP address: 67.177.51.192 Document e-signed by Boyd Ferguson (boyd.ferguson@slcgov.com) Signature Date: 2021-07-06 - 2:14:25 PM GMT - Time Source: server- IP address: 67.177.51.192 Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature 2021-07-06 - 2:14:27 PM GMT Email viewed by Amy Fowler (amy.fowler@slcgov.com) 2021-07-07 - 1:55:26 PM GMT- IP address: 136.36.122.143 Document e-signed by Amy Fowler (amy.fowler@slcgov.com) Signature Date: 2021-07-07 - 1:55:39 PM GMT - Time Source: server- IP address: 136.36.122.143 Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2021-07-07 - 1:55:42 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2021-07-14 - 9:20:09 PM GMT- IP address: 204.124.13.151 Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2021-07-16 - 8:31:40 PM GMT- IP address: 204.124.13.151 Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2021-07-16 - 8:31:52 PM GMT - Time Source: server- IP address: 204.124.13.151 Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2021-07-16 - 8:31:53 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2021-07-19 - 1:22:13 PM GMT - Time Source: server- IP address: 204.124.13.151 Agreement completed. 2021-07-19 - 1:22:13 PM GMT