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Motion Sheet - 7/4/2021 (2)1 SALT LAKE CITY ORDINANCE No. ______ of 2021 (Work in the public way fees) An ordinance amending Sections 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the Salt Lake City Code, relating to work in the public way fees. WHEREAS, the city desires to make certain changes relating to work in the public way definitions and fees; and WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the Salt Lake City Code, relating to such changes. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: SECTION 1. Section 14.32.015 of the Salt Lake City Code, relating to definitions, is amended as follows: Amending the definition of “Obstruction.” The definition of “Obstruction” is amended to read as follows: OBSTRUCTION: Any thing that obstructs the free use of the public way, including construction barricades, sidewalk canopies, containers, construction materials or equipment, rubbish, glass, material, wood, ashes, tacks, metal, earth, stone, structure, or other object, thing, or substance whichthat may interfere with or obstruct the free use or view of the public way by travelers, or injure or tend to injure or destroy or render unsightly the surface of a public way, or which that may cause or tend to cause such public way to become restricted in its intended uses or unsafe or dangerous for travelers thereon. SECTION 2. Section 14.32.400 of the Salt Lake City Code, relating to excavation permit 2 fees, is amended as follows: 14.32.400: EXCAVATION PERMIT FEES: A. Fees: The city engineer shall charge, and the city treasurer shall collect, upon issuing a permit, the fees shown on the Salt Lake City consolidated fee schedule with respect to excavation permitsfor review of the application and site inspection of: 1. Excavation, including potholes and test holes;. 2. Multiple utility excavations.; or 3. Portions of the public way to which excavation restrictions apply. Excavation permits for portions of the public way to which excavation restrictions apply, when permitted pursuant to the provisions of this chapter, shall have a permit fee that is be issued only upon written authorization of the city engineer and the permit fees shall be two(2) times the normal rates published in this section. The city engineer may also require persons working in such portions of the public way to employ extraordinary measures in restoring said public waystreet such as applying seal coat or other surface treatment to the street, if applicable, to maintain the overall integrity of the surface. The value of such extraordinary measures may, in the discretion of the city engineer, be used to offset the additional fees. 4. Poles and anchors. B. Higher Fee: For work under a permit that begins before the winter time fee period set forth in the Salt Lake City consolidated fee schedule, Where any of the foregoing subsections specify a higher fee for any period, such the winter time higher fee shall will be applicable if any portion of the work is donecompleted during the winter time higher fee period. 3 C. Permit Extension: Fee as shown on the Salt Lake City consolidated fee schedule. The city engineer may deny this permit extension when work is not proceeding on the project in a satisfactory manner. SECTION 3. Section 14.32.410 of the Salt Lake City Code, relating to public way obstruction permit fees, is amended as follows: 14.32.410: PUBLIC WAY OBSTRUCTION FEES: In addition to excavation or improvement fees described in section 14.32.400 and section 14.32.405, Tthe city engineer shall charge, and the city treasurer shall collect, upon issuing a permit, the following fees shown on the Salt Lake City consolidated fee schedule for review of the application and site inspection of obstructions in the public way: A. If the permit is for an obstruction that will be in place for more than 28 calendar days, a Mmonthly Ffee (Construction Barricades Requiring More Than 5 Days): In addition to excavation fees: 1. Flat fee for all or any part of a block face: for such activities as barricading for sidewalk closures, lane closures, sidewalk canopies, containers in the public way, or storage of construction materials or equipment.As shown on the Salt Lake City consolidated fee schedule. 2. Each additional block face: As shown on the Salt Lake City consolidated fee schedule. 3. Permit extension: As shown on the Salt Lake City consolidated fee schedule. B. If the permit is for an obstruction that will be in place for 28 or fewer calendar days, a weekly fee for all or any part of a block face Short Term Occupation Of The Public Way (5 Days Or Less): for such activities as barricading for sidewalk closures, lane closures, sidewalk canopies, containers in the Scaffolding or other temporary structures over public way, or storage of construction materials or equipment.soil. Permit up to and including five (5) days: As shown 4 on the Salt Lake City consolidated fee schedule, per setup. No fee shall be charged for scaffolding or staging done behind an approved barricade fence. C. Permit Extension: The fee for each permit extension shall be as shown on the Salt Lake City consolidated fee schedule. C. On a permit that lasts seven or fewer calendar days, an obstruction fee is waived if an excavation fee or an improvement fee is charged. D. When the duration of the obstruction permit doesn’t end at the end of a week or month, the fee will be determined by rounding to the nearest whole week with the intent to simplify the fee determination. For example, an obstruction permit that is to cover a period of six and one- half months could be charged a fee for six times the monthly fee and two times the weekly fee. SECTION 4. Section 14.32.420 of the Salt Lake City Code, relating to permit fee waivers, is amended as follows: 14.32.420: PERMIT FEE WAIVERS: The city engineer may waive all or a portion of the permit fees or penalties or a portion thereof, provided for in this chapter, when the/ city engineershe determines that: (a) such permit fee or penalty: a) pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; or (b) such permit fee pertains to an encroachment on the public way involving a beautification project which that furthers specific goals and objectives set forth in the city's strategic plan, master plans, or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes, and or landscaping; (c) such permit fee pertains to abutting property owners repairing or replacing “in kind” existing drive approaches, curb, gutter, or sidewalk; (d) such permit fee pertains to a city capital improvement project even if the permittee is a utility company doing work required to be 5 accomplished before or during execution of the project; (e) such permit fee pertains to work that is related to a subdivision for which fees were already collected by the city. (f) such permit pertains to a Utah Department of Transportation project affecting the Salt Lake City public way; or (g) such permit pertains to a permit issued on a Salt Lake City Streets Division project affecting the Salt Lake City public way. SECTION 5. This ordinance shall take effect immediately after it has been published in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 10-3-713. Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 2021. ____________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ___________________________ CITY RECORDER Transmitted to Mayor on ______________________. Mayor’s Action: __________ Approved. ___________ Vetoed. ____________________________ MAYOR ___________________________ CITY RECORDER (SEAL) Bill No. ______ of 2021. Published: _____________________. Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________ 6