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Proposed Ordinance - 7/4/20211 1 SALT LAKE CITY ORDINANCE 2 No. ______ of 2021 3 4 (Work in the public way fees) 5 6 An ordinance amending Sections 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the 7 Salt Lake City Code, relating to work in the public way fees. 8 WHEREAS, the city desires to make certain changes relating to work in the public way 9 definitions and fees; and 10 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections 11 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the Salt Lake City Code, relating to such 12 changes. 13 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 14 SECTION 1. Section 14.32.015 of the Salt Lake City Code, relating to definitions, is 15 amended as follows: 16 Amending the definition of “Obstruction.” The definition of “Obstruction” is amended to 17 read as follows: 18 OBSTRUCTION: Anything that obstructs the free use of the public way, including 19 construction barricades, sidewalk canopies, containers, construction materials or equipment, or 20 other object, thing, or substance that may interfere with or obstruct the free use of the public way 21 by travelers, , or that may cause or tend to cause such public way to become restricted in its 22 intended uses or unsafe or dangerous for travelers thereon. 23 SECTION 2. Section 14.32.400 of the Salt Lake City Code, relating to excavation permit 24 fees, is amended as follows: 25 14.32.400: EXCAVATION PERMIT FEES: 26 2 A. Fees: The city engineer shall charge, and the city shall collect, upon issuing a permit, the 27 fees shown on the Salt Lake City consolidated fee schedule with respect to excavation permits: 28 1. Excavation, 29 2. Multiple utility excavations; or 30 3. Portions of the public way to which excavation restrictions apply. Excavation permits for 31 portions of the public way to which excavation restrictions apply, when permitted pursuant to the 32 provisions of this chapter, shall have a permit fee that is two times the normal rates. The city 33 engineer may also require persons working in such portions of the public way to employ 34 extraordinary measures in restoring said public way such as applying seal coat or other surface 35 treatment to the street, if applicable, to maintain the overall integrity of the surface. The value of 36 such extraordinary measures may, in the discretion of the city engineer, be used to offset the 37 additional fees. 38 B. Higher Fee: For work under a permit that begins before the winter time fee period set forth 39 in the Salt Lake City consolidated fee schedule, the winter time fee will be applicable if any 40 portion of the work is done during the winter time fee period. 41 SECTION 3. Section 14.32.410 of the Salt Lake City Code, relating to public way 42 obstruction permit fees, is amended as follows: 43 14.32.410: PUBLIC WAY OBSTRUCTION FEES: 44 45 In addition to excavation or improvement fees described in section 14.32.400 and section 46 14.32.405, the city engineer shall charge, and the city shall collect, upon issuing a permit, the 47 fees shown on the Salt Lake City consolidated fee schedule for obstructions in the public way: 48 A. If the permit is for an obstruction that will be in place for more than 28 calendar days, a 49 monthly fee for all or any part of a block face for such activities as barricading for sidewalk 50 3 closures, lane closures, sidewalk canopies, containers in the public way, or storage of 51 construction materials or equipment. 52 B. If the permit is for an obstruction that will be in place for 28 or fewer calendar days, a 53 weekly fee for all or any part of a block face for such activities as barricading for sidewalk 54 closures, lane closures, sidewalk canopies, containers in the public way, or storage of 55 construction materials or equipment. 56 C. On a permit that lasts seven or fewer calendar days, an obstruction fee is waived if an 57 excavation fee or an improvement fee is charged. 58 D. When the duration of the obstruction permit doesn’t end at the end of a week or month, 59 the fee will be determined by rounding to the nearest whole week with the intent to simplify the 60 fee determination. For example, an obstruction permit that is to cover a period of six and one-61 half months could be charged a fee for six times the monthly fee and two times the weekly fee. 62 SECTION 4. Section 14.32.420 of the Salt Lake City Code, relating to permit fee 63 waivers, is amended as follows: 64 14.32.420: PERMIT FEE WAIVERS: 65 The city engineer may waive all or a portion of the permit fees provided for in this chapter, 66 when the city engineer determines that: (a) such permit fee pertains to construction or 67 rehabilitation of housing for persons whose income is below the median income level for the 68 city; (b) such permit fee pertains to an encroachment on the public way involving a 69 beautification project that furthers specific goals and objectives set forth in the city's strategic 70 plan, master plans, or other official documents, including decorative street lighting, building 71 facade lighting, flower and planter boxes, or landscaping; (c) such permit fee pertains to abutting 72 property owners repairing or replacing “in kind” existing drive approaches, curb, gutter, or 73 4 sidewalk; (d) such permit fee pertains to a city capital improvement project even if the permittee 74 is a utility company doing work required to be accomplished before or during execution of the 75 project; (e) such permit fee pertains to work that is related to a subdivision for which fees were 76 already collected by the city (f) such permit pertains to a Utah Department of Transportation 77 project affecting the Salt Lake City public way; or (g) such permit pertains to a permit issued on 78 a Salt Lake City Streets Division project affecting the Salt Lake City public way. 79 SECTION 5. This ordinance shall take effect immediately after it has been published in 80 accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 81 10-3-713. 82 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 83 2021. 84 ____________________________ 85 CHAIRPERSON 86 ATTEST AND COUNTERSIGN: 87 88 ___________________________ 89 CITY RECORDER 90 91 Transmitted to Mayor on ______________________. 92 93 Mayor’s Action: __________ Approved. ___________ Vetoed. 94 95 96 ____________________________ 97 MAYOR 98 99 100 101 ___________________________ 102 CITY RECORDER 103 104 105 (SEAL) 106 107 108 Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________ 4-29-21 5 Bill No. ______ of 2021. 109 Published: _____________________. 110 111 112 113 114