HomeMy WebLinkAboutTransmittal - 1/26/2023ERIN MENDENHALL
Mayor
CITY COUNCIL TRANSMITTAL
LI (Jan 26, 202316:02 M6T)
Lisa Shaffer, Chief Administrative Officer
TO: Salt Lake City Council
Darrin Mano, Chair
FROM: Jorge Chamorro, Public Services Director
SUBJECT: Right of Way Permit Notification Fee
Jorge Chamorro
Public Services Director
Date Received: 01/26/2023
Date sent to Council: 01/26/2023
DAT ua 6, 2023
i
STAFF CONTACT: Mark Stephens, City Engineer, 801-535-6355
DOCUMENT TYPE: Ordinance Amendment to Consolidated Fee Schedule
RECOMMENDATION: The Administration recommends that, after a public hearing, the City Council
adopt the following amendments to the City Ordinance and the Consolidated Fee Schedule.
BUDGET IMPACT: NA
BACKGROUND/DISCUSSION: Pursuant to the proposed ordinance amendment for Salt Lake City
Code Section 14.32.036 to include clarifying language on pre -notification notices for work to take place
in the Public Way, this transmittal addresses the associated proposed cost per notification that is to be
passed along to the Public Way Permit applicant. The corresponding fee analysis for the cost associated
for each pre -notification postcard mailed out by the City on the applicant's behalf has been performed by
City Finance and is attached herewith. It is proposed that the fee associated with these pre -notification
postcards be adopted into the existing Consolidated Fee Schedule so that the appropriate fees can be
assessed to the Public Way permit applicant along with the other required Public Way permit fees prior to
approval and issuance of the Public Way Permit.
PUBLIC PROCESS: Public Hearing
EXHIBITS:
A. Red Lined Ordinance
B. Clean Ordinance
C. Red Lined Consolidated Fee Schedule
D. Clean Consolidated Fee Schedule
E. September 2022 Cost Analysis for ROW Permit Notification Fee
PUBLIC SERVICES DEPARTMENT
451 SOUTH STATE STREET # 135 www.slcgov.com
PO BOX 145470 FAX 801-535-71 16
SALT LAKE CITY, UT 8411 1-5470
ATTACHMENT A
Red Lined Ordinance
SALT LAKE CITY ORDINANCE
No. of 2023
(Amendment Related to Notice Requirements for Work in the Public Way Permits and Imposing
a Fee Related to Such Notices)
An ordinance amending Salt Lake City Code Section 14.32.036, and also amending those
portions of the Salt Lake City Consolidated Fee Schedule related to notice regarding work in the
public way permits.
WHEREAS, on May 17, 2011 the City Council adopted Ordinances 2011-23, 2011-24
and 2011-25 to authorize and create the Salt Lake City Consolidated Fee Schedule; and
WHEREAS, the City Council of Salt Lake City ("City Council") desires to update
portions of the Salt Lake City Code related to notice regarding work in the public way permits,
and to also update the corresponding portions of the Salt Lake City Consolidated Fee Schedule;
WHEREAS, it is now proposed that the Salt Lake City Consolidated Fee Schedule be
amended to update fees related to notice regarding work in the public way permits as shown in
the attached Exhibit A; and
WHEREAS, the City Council finds (i) the fees and fee information set forth in Exhibit A
is necessary, reasonable, and equitable in relation to regulatory and service costs incurred by the
City; and (ii) adoption of this ordinance reasonably furthers the health, safety, and general
welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Salt Lake City Code Section 14.32.036 shall be, and hereby is,
amended to read as follows:
14.32.036: NOTICE REQUIREMENTS:
Prior to the City issuing a Work in the ROW permit, notice of the proposed work shall be delivered by the
applicant to the adjacent properties, except as otherwise provided herein. Notice will be paid for by the
applicant and delivered key . p t ;less ^ -as determined by the City Engineer in the manner
described in subsection 14.32.036B.Lb.
A. "Adjacent properties" means (a) the property(ies) with a boundary contiguous to the portion of the
public way where the work is proposed, and (b) one property on each side of the contiguous property(ies).
1. With respect to proposed work located below ground and behind the curb and gutter, notice shall
be delivered to the adjacent properties on the same side of the public way as the proposed work.
2. With respect to proposed work located below ground and in the paved section of the public way,
notice shall be delivered to the adjacent properties on both sides of the public way.
3. With respect to proposed work located above ground, notice shall be delivered to the adjacent
properties on both sides of the public way.
4. Notice shall be provided to every adjacent property contiguous to the work location, regardless of
whether the work is below ground or above ground.
B. The notice shall meet the following requirements:
1. Notice shall be given by either:
a. if approved by the city. Pplacing a door hanger or flyer, based on a city -supplied exatlip.1 and
contaiiiiiig the inforination described in subsection 14.32.036B.2 and 3 on the building on each adjacent
property in a conspicuous location and affixed in a manner that it won't easily be dislodged by weather, or
b. The city Minailing a postcard notice to the occupant and, if a separate address, the record owner
of the adjacent property. The notice must be mailed if the adjacent property is a vacant lot. The city will
include as part of thepen-nit application fee, and the applicant slW1 pay to the city, the cost ofn�ailins
each postcard notice in the amountspecified in the Salt Lake City consolidated fee schedule.
c. If a multi -unit building is located on an adjacent property, notice must be mailed to the owner of
the building and occupant of each unit, and to the record owner of each unit if a separate address.
2. Each notice shall state_that it is gjye3� pursuant to Salt Lake City Code section 14.32.036 and skta[l
contain the name of the permit applicant and a local contact phone number and email address for the
permit applicant.
3. Each notice shall describe the reason for the construction, the anticipated date(s) of construction,
and whether the street will be closed due to construction.
C. If notice is delivered by the applicant, evidence of satisfactory notice means a construction drawing
showing which properties were noticed, a copy of the provided notice, and any of the following: an
affidavit from the permit applicant confirming delivery of notice and the date notice was delivered, a
photo showing the notice on the building and property address, a certificate of mailing, or a signed receipt
for certified mail delivery. If the City provides the notice, it shall keep a record of how and where the
notice was delivered.
D. No notice shall be required in the following situations:
1. Any work where a permit is not required.
2. Emergency situations.
3. Certain maintenance type activities where the street remains passable and unrestricted, such as
snow plowing, street sweeping, street patching activities, and pothole repairs.
4. Replacement work where the work is replacing like for like (example: replacing a section of
sidewalk with the same width sidewalk).
5. Placement of a dumpster, POD, or other obstruction for less than eight (8) days.
SECTION 2. That the Salt Lake City Consolidated Fee Schedule shall be, and hereby is,
amended, in pertinent part, to reflect the fees set forth in the attached Exhibit A, and that a copy
of the amended Salt Lake City Consolidated Fee Schedule shall be published on the official Salt
Lake City website.
SECTION 3. That a revised copy of the Salt Lake City Consolidated Fee Schedule that
reflects the amendments set forth in the attached Exhibit "A" shall be published on the official
Salt Lake City website.
SECTION 4. That this ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah this day of 2023.
ATTEST:
CITY RECORDER
CHAIRPERSON
3
Transmitted to Mayor on
Mayor's Action: Approved.
MAYOR
(SEAL)
Bill No. of 2023.
Published:
Vetoed.
Salt Lake City Attorney's Office
Approved As To Form
By:
Boyd Ferguson
Date:
EXHIBIT A
ATTACHMENT B
Clean Ordinance
SALT LAKE CITY ORDINANCE
No. of 2023
(Amendment Related to Notice Requirements for Work in the Public Way Permits and Imposing
a Fee Related to Such Notices)
An ordinance amending Salt Lake City Code Section 14.32.036, and also amending those
portions of the Salt Lake City Consolidated Fee Schedule related to notice regarding work in the
public way permits.
WHEREAS, on May 17, 2011 the City Council adopted Ordinances 2011-23, 2011-24
and 2011-25 to authorize and create the Salt Lake City Consolidated Fee Schedule; and
WHEREAS, the City Council of Salt Lake City ("City Council") desires to update
portions of the Salt Lake City Code related to notice regarding work in the public way permits,
and to also update the corresponding portions of the Salt Lake City Consolidated Fee Schedule;
WHEREAS, it is now proposed that the Salt Lake City Consolidated Fee Schedule be
amended to update fees related to notice regarding work in the public way permits as shown in
the attached Exhibit A; and
WHEREAS, the City Council finds (i) the fees and fee information set forth in Exhibit A
is necessary, reasonable, and equitable in relation to regulatory and service costs incurred by the
City; and (ii) adoption of this ordinance reasonably furthers the health, safety, and general
welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Salt Lake City Code Section 14.32.036 shall be, and hereby is,
amended to read as follows:
14.32.036: NOTICE REQUIREMENTS:
Prior to the City issuing a Work in the ROW permit, notice of the proposed work shall be delivered by the
applicant to the adjacent properties, except as otherwise provided herein. Notice will be paid for by the
applicant and delivered as determined by the City Engineer in the manner described in subsection
14.32.036B.1.b.
A. "Adjacent properties" means (a) the property(ies) with a boundary contiguous to the portion of the
public way where the work is proposed, and (b) one property on each side of the contiguous property(ies).
1. With respect to proposed work located below ground and behind the curb and gutter, notice shall
be delivered to the adjacent properties on the same side of the public way as the proposed work.
2. With respect to proposed work located below ground and in the paved section of the public way,
notice shall be delivered to the adjacent properties on both sides of the public way.
3. With respect to proposed work located above ground, notice shall be delivered to the adjacent
properties on both sides of the public way.
4. Notice shall be provided to every adjacent property contiguous to the work location, regardless of
whether the work is below ground or above ground.
B. The notice shall meet the following requirements:
1. Notice shall be given by either:
a. If approved by the city, placing a door hanger or flyer, based on a city -supplied example and
containing the information described in subsection 14.32.03613.2 and 3, on the building on each adjacent
property in a conspicuous location and affixed in a manner that it won't easily be dislodged by weather, or
b. The city mailing a postcard notice to the occupant and, if a separate address, the record owner of
the adjacent property. The notice must be mailed if the adjacent property is a vacant lot. The city will
include as part of the pen -nit application fee, and the applicant shall pay to the city, the cost of mailing
each postcard notice in the amount specified in the Salt Lake City consolidated fee schedule.
c. If a multi -unit building is located on an adjacent property, notice must be mailed to the owner of
the building and occupant of each unit, and to the record owner of each unit if a separate address.
2. Each notice shall state that it is given pursuant to Salt Lake City Code section 14.32.036 and shall
contain the name of the permit applicant and a local contact phone number and email address for the
permit applicant.
3. Each notice shall describe the reason for the construction, the anticipated date(s) of construction,
and whether the street will be closed due to construction.
C. If notice is delivered by the applicant, evidence of satisfactory notice means a construction drawing
showing which properties were noticed, a copy of the provided notice, and any of the following: an
affidavit from the permit applicant confirming delivery of notice and the date notice was delivered, a
photo showing the notice on the building and property address, a certificate of mailing, or a signed receipt
for certified mail delivery. If the City provides the notice, it shall keep a record of how and where the
notice was delivered.
D. No notice shall be required in the following situations:
1. Any work where a permit is not required.
2. Emergency situations.
3. Certain maintenance type activities where the street remains passable and unrestricted, such as
snow plowing, street sweeping, street patching activities, and pothole repairs.
4. Replacement work where the work is replacing like for like (example: replacing a section of
sidewalk with the same width sidewalk).
5. Placement of a dumpster, POD, or other obstruction for less than eight (8) days.
SECTION 2. That the Salt Lake City Consolidated Fee Schedule shall be, and hereby is,
amended, in pertinent part, to reflect the fees set forth in the attached Exhibit A, and that a copy
of the amended Salt Lake City Consolidated Fee Schedule shall be published on the official Salt
Lake City website.
SECTION 3. That a revised copy of the Salt Lake City Consolidated Fee Schedule that
reflects the amendments set forth in the attached Exhibit "A" shall be published on the official
Salt Lake City website.
SECTION 4. That this ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah this day of 2023.
ATTEST:
CITY RECORDER
CHAIRPERSON
3
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
(SEAL)
Bill No. of 2023.
Published:
Salt Lake City Attorney's Office
Approved As To Form
By:
il Boyd Fer ison
Date: 1-26-2Q2_3
EXHIBIT A
ATTACHMENT C
Red Lined Consolidated Fee Schedule
ENGINEERING
For questions re arding Engineering Fees Contact: 801.535.6159
Service Fee Additional Information Section
Excavation Permits
Shallow Trenching $0.29 Per linear foot 14.32.400
Minimum charge $2 900 14.32.400
Hard surfaced
Minimum charge
$0.39
Per sq. foot
14.32.400
$225
April 1 - November 15
14.32.400
Minimum charge
$300
November 16 - March 31
14.32.400
Soft Surfaced
$0.26
Per sq. foot
14.32.400
Minimum charge
$150
$175
April 1 - November 15
14.32.400
Minimum charge
November 16 - March 31
See Section 14.32.400 A3
14,32,400
14.32.400
Permit within a restricted area
Fees double
Landscaping Permit for Public Right of Way $19 Per job, or $80.66 Per year 2.26.210
Multiple Utility Excavation Permits
Hard surfaced
I Per multiple _ _
Per multiple _ _
Potholeexcavation < 10 sg. ft. (per each)
Pothole/excavation < 10 sa. ft er each
—(per
$157
April 1 - November 15
232
November 16- March 31
4.31 2.400__
$37
April 1 - November 15
November 16 - March 31
14.32.400__
14,32,400
47
Test holes each
Soft Surface
2
14.32.400
Per multiple
Per multiple
Pothole/excavation < 10 sq. ft. (per each)
$96 April 1 - November 15 14.32.400
$106 November 16 - March 31 14.32.400
$19 April 1 - November 15 14.32.400
$28 November 16 - March 31 14.32.400
$1 14.32.400
$54 Each pole, concrete pedestal or anchor 14.3Z.400
$77 14.14•0,40
To be determined upon
adoption See section 14.32.036 14`32,036
Pothole/excavation < 10 sq. ft. (per each)
Test holes (per each)
Poles and Anchors
Public Survey Monuments
Monument (per each)
Pre -Notification Mailer
Public Way Improvements
Curb and gutter
Per linear foot 14.32.9f15
$2
Sidewalk, driveway approach
$0.39 Per sq. foot 14.32.405
$212 April 1 - November 15 IAMM
$266 November 16 - March 31 4. 2 405
No charqe See section 14.32.405 D
$18 Per Week (Construction barricades) 14.32.410
$47 Each, per Week (Construction barricades) 14,32,410
$92 Per Week (Construction barricades) 14.32.410
Minimum charge
Minimum charge
_
In kind
Public Way Obstruction Permits
Short term (One Week)
Sidewalk Canopy
Dumpster/pod
Lane or sidewalk closure
Long term: (1 Month Increments)
J
Each, per month (Construction barricades) 14. 2.410
(Construction barricades) 4. 0
Sidewalk Canopy_
Dumpster/pod
Lane or sidewalk closure
Small Wireless Facility Fees
Application fees
Small cell facility to collocate a small wireless facility on
an existing or replacement utility pole
$74
$186
$371
Each, per month (Construction barricades)
14.32.410
14.56.060
$100
Per wireless facility
14.56,060
Install, modify or replace a utility pole associated with a
small wireless facility, where permitted under Utah Code
Section 54-21-204, or its successor
Install, modify or replace a utility pole associated with a
small wireless facility, where NOT permitted under Utah
Code Section 54-21-204, or its successor
$250 14.56.060
Per wireless facility
$1,000 per wireless facility14,56,060
As set forth in Utah Code 14.56.070
Section 54-21-504
$53 Application outside of boundaries of a coordinated 21A.46.170
street banner program
Collation Rate
Street Banners on Utility Poles
Amended 06/15/2022 by Ord. 2022 — 37 Page 19
ATTACHMENT D
Clean Consolidated Fee Schedule
ENGINEERING
_
For questions regarding Engineering Fees Contact: 801.535.6159
Service
Fee
_
Excavation Permits
Shallow Trenching
$0.29
Minimum charge
$2,900
Hard surfaced
$0.39
Minimum charge
$225
Minimum charge
$300
Soft Surfaced
$0.26
Minimum charge
$150
Minimum charge
$175
Permit within a restricted area
Fees double
Landscaping Permit for Public Right of Way
$19
Multiple Utility Excavation Permits
atd surfaced
Per multiple
r
$157
Per multiple
$232
)le/excavation < 10 so. ft. (per each)
Ne/excavation < 10 sq. ft. (per each)
holes (Der each)
Per multiple
Per multiple
Pothole/excavation < 10 sq. ft.
Pothole/excavation < 30 sq. ft.
Test holes (per each)
Poles and Anchors
Public Survey Monuments
Monument (per each)
Public Way Improvements
Curb and gutter
Sidewalk, driveway approach
Minimum charge
Minimum charge
_ it - nd
Public Way Obstruction Permits
Short term (One Week)
Sidewalk Canopy
Dumpster/pod
Lane or sidewalk closure
Long term: (1 Month Increments)
Sidewalk Canopy
Dumpster/pod
Lane or sidewalk closure
Small Wireless Facility Fees
Application fees
each)
an existing or replacement utility pole
Install, modify or replace a utility pole associated with a
small wireless facility, where permitted under Utah Code
Section 54-21-204, or its successor
Install, modlfy or replace a utility pole associated with a
small wireless facility,. where NOT permitted under Utah
Code Section 54-21-204, or its successor
Collation Rate
Street Banners on Utility Poles
$96
$106
$19
$28
$1
$54
$77
$2
$0.39
$212
$266
No than
Additional Information
Per linear foot
Per sq. foot
April 1- November 15
November 16 - March 31
Per sq. foot
April 1 - November 15
November 16 - March 31
See Section 14.32.400 A3
Per job, or $80.66 Per year
April 1 - November 15
November 16 - March 31
April 1 - November 15
November 16 - March 31
April 1 - November 15
November 16 - March 31
April 1 - November 15
November 16 - March 31
Each pole, concrete pedestal or anchor
Per linear foot
Per sq. foot
April 1 - November 15
November 16 - March 31
See section 14.32.405 D
Section
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
2.26,210
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
14.32.400
14.10.040
14.32.405
14.32.405
14.32.05
14.32.405
$18
Per Week (Construction barricades)
14.32.410
$47
Each, per Week (Construction barricades)
Per Week (Construction barricades)
14,32,410
$92
14.32.410
$74
Each, per month (Construction barricades)
14.32.410
$186
(Construction barricades) 14. 22.410
Each, per month (Construction barricades) 14.32.410
14.56.060
Per wireless facility 14.56,060
$371
$100
$250
Per wireless facility
14.56.060
$1,000 Per wireless facility
As set forth in Utah Code
Section 54-21-504
$53 Application outside of boundaries of a coordinated
street banner program
14.56.060
14.JC07Q
21A.46.170
Amended 06/15/2022 by Ord. 2022 - 37 Page 19
ATTACHMENT E
September 2022 Cost Analysis for ROW Permit Notification Fee
SALT LAKE CITY CORPORATION
Public Services Department/Engineering Division
Right of Way Permit Notification Fee
COST ANALYSIS
September 2022
Note 1:
Note 2:
Note 3:
0F1
Summary
Nose 1:
Direct Labor and Unbilled Building Costs
$
8.49
Not[. 2:
Direct Materials
D,57
Direct Cost $
9.06
Note 3:
Unbilled Engineering Division Administrative Costs
10,797
Note 4:
Unbilled Department Public Services Administrative Costs
5,346
16,143
Per Postcard - Unbilled Div/Dept Overhead Costs $
1067
Note 5:
Unbilled City Administrative Fees
Per Postcard - Fully Loaded Cost
Direct Lebw and Unbilled Building Costs
Job Tltle FTE Annual Cost pro rated share Costs
Engineering Information and Records Specialist 10 $ 78,638 100% $ 78,638
otal Direct Salaries 5 78,6.38
UnbilW Building Costs
est. 260 square feet per employee
52 . per square feet costs (per Prop Mgt) $6,240
1.0 6,240
Total Direct Labor and Unbilled Building Costs - - -
Esilmated annual notifications 10,000
Cost per notification 8.49
Dlrec[ Materials
$ to be
Materials Costs per Notification allocated p ear
Postage $ 044 $ 0.44
Post card 006 US
Labels 005 0.05
0.55
M0400ts Costs - annual
Printer 25000 10,000 0.03
Ink cartridges 8000 6,000 10,000 0.00000133
tInbllled Englneering. Division Administrative Costs
FY2022 NonPersonal Services Operating Costs
- -
$tobe Derived
alwated Percents
- —
COst Center 0312400 Engineering
$ 263,738 2% $
5,382
Deputy City Engineer
171,608 1,60%
2,747
Engineer VII
166,600 1,60%
2,667
797
1
SALT LAKE CITY CORPORATION
Public Services Department/Engineering Division
Right of Way Permit Notification Fee
COST ANALYSIS
September 2022
Note 4:
Note 5:
Note 6:
Note 7:
Note 8:
Note 9:
Unbllled Department Public Services Administrative Costs
$ Allocated Derived
to Departments Peree SS
PublicServices Administrative Costs -FY2022 $ 1,641,260 0.33% $ 5,346
Total Administrafrve Costs $ 1,641,260 5 }45
tlnbllled City AdministraLive Fees
$ Allocated Derived
to Departments Pementaille
Cif Admin Fees -All City Depts(FV 19 alloeatran} $ 1,051,857 0.38% 4,030
IMS Admin (FY19 allocation) 1,321,196 0.38% 5,062
Risk Management (FY22) - 0-38%
Claims Paid(FC 85) 0,38% -
TotglAdmin Fees $ 2,373,053
Depreciation Expense on Fleet Vehicles
Depreciation Annual
Vehicle Period Depreciation
Count Est. cps; ears Costs
0 vehicles 50 4
Annual maintenace costs
$
[Cast data per Denise Sorenson - Fleet)
Full Time Equivalent (FFE) Information
Public Services FTE's (FY2023 MRB Staffing Document) 307.00
Public Services General Fund FTE's (FY2023 MRB Staffing Document) 261.00
Engineering FTE's (per FY2023 MRB Staffing Document) 49.00
(Hours: 1,624 annual base hours was computed as follows:
Total Hours Available Annually (40 hours x 52 weeks)
2,080
Less: Vacation (2,77 hours X 52 weeks or 3 weeks per year)
144
Less: Sick (0.77 hours x 52 weeks or 1 week per year)
40
Less: Breaks (260 days per year x 0.50 hours)
130
Less: Holidays (8.0 hours x 12 days per year)
96
Less: Meetings/Training (estimate)
46
Annual Work Hours
fit] M3led Notifications
Estimated Annual Right of Way Permits issued 2,500
Anticipated notifications per permit issued 4
Total Anticipated Notifications 0.000