032 of 1989 - Work in the Public Way O 89-1
O 89-25
SALT LAKE CITY ORDINANCE
No. 32 of 1989
(Work in the public way)
AN ORDINANCE AMENDING, REORGANIZING AND REPEALING THE
ORDINANCES IN TITLE 14, SALT LAKE CITY CODE, PERTAINING TO WORK
IN THE PUBLIC WAY AS FOLLOWS:
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the various sections in Title 14, Salt
Lake City Code, pertaining to work in the public way, be, and
the same hereby are repealed and reenacted or amended as
follows:
Chapter 14.32
WORK IN THE PUBLIC WAY
Sections:
14.32.011 Definitions.
ARTICLE I. GENERAL
14.32.101 Permit- Ape ;rati rn requiremmts.
14.32.115 Onergency work.
14.32.121 Authorization. of a additional chaffs.
14.32.125 Permit fee waiter.
14.32.131 Pentit and dons.
14.32.135 PeErmit No trc-wm fer or assicgnment.
14.32.141 Cmpl;ance with standards and traffic control
r gu7at;nits,
14.32.143 Job Site penmi_ttee idrnti f;rat;rn,
14.32.145 Parking metes removal or occupation.
14.32.151 State highway permits.
14.32.153 Relocation of structures ures in public ways.
14.32.155 Insurance a regui ,rlt ;.
14.32.157 B nd- Required when.
14.32.161 Bond--danditions- Warranty.
14.32.165 Hold harmless agreement.
14.32.167 Liability l im;tationy,
14.32.171 Work without permit—Planalty.
14.32.173 Failure to comply--Penalty.
14.32.175 Default in I fraLm-iric --Penalty.
14.32.177 Completion.on time--City to perform work when -C st s.
14.32.181 Failure to conform to design sites--Penalty.
14.32.183 Appeal of , revocation, or stop order.
14.32.185 Tatting with traffic t r-r-i c ades.
14.32.187 Violat im--Penalty.
ARTICLE II. OOCUPMG THE PUBLIC WAY WHILE W MUM ON PRIVATE PR0PIIRrIY
14.32.201 Permit requited for certain work.
14.32.211 Permit limitati m.
14.32.221 Perfo F, ne Hand--EmmmpI I .
14.32.231 light of Way Obstruction Permit—Review and ; xpect on Bees.
ARTICLE III. IWEA .rATION, OR OF
PUE1LI1C WAY IMPEUVEMENTS
14.32.305 Purpose and benefit of nrnvi cMIMS-
14.32.311 Defective a xxxete-Duty of o`aier or tenant.
14.32.315 Defective a x=ebe-WLsaoveny by city.
14.32.321 Defective aancc1ete-Notice to reps -Conbezts.
14.32.325 Defective conareba-Repair cpt ions and aost.
14.32.331 Ordinary repairs.
14.32.335 Waiver of -.
14.32.341 Abatement of a: t--Conditicns.
14.32.345 Specdficaticns and grades for axntruction.
14.32.355 SidesaalkE--Ii pection and approval.
14.32.361 Driveway .
14.32.365 Public Way Impr 41 Permit review and inspection fees.
ARTICLE IV. EXCAVATION IN THE PUBLIC WAY
14.32.411 Ms c ation Plezmit—Review and i fees.
14.32.413 cu a ;ty axistruction fee credit.
14.32.417 Timely xxAziffication credit.
ARTICLE V. STOW DRAIM
14.32.501 Stooam drain inspection fees.
14.32.511 Private drain line -Fbspmn tiny.
ARTICLE VI. REPEAT. OF PRIOR ORDINANCES
14.32.601 Repeal.
C HAFT .Z 14.20
SIDEWALK USE RESiRICPI(N
14.20.080 Obstructing right of way with snow prohibited.
It is unlawful to place snow removed from private property in the public
way. It is unlawful to place snow removed from sidewalks, drive approaches or
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other public places in a manner so as to cause a hazard to vehicular or
pedestrian traffic.
Chapter 14.32
Q�F3i i 'PICN, EXCAVATION AND OBSHA=ICNS
IN THE REELIC RIQU OF WAY
14.32.011 Definitacns.
As used in this chapter:
A. "Apartment house" means a building eoirprising four or more dwelling
units designed for separate housekeeping tenements.
B. "Applicant" means any person who makes application for a permit.
C. Appurtenances" means miscellaneous concrete surfaces within the
public way, such as parking bays and carriage walks.
D. "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.
E. "City" means Salt Lake City, a municipal corporation of the state.
F.1. "Defective concrete" means the existence of any of the following
conditions within the public way:
a. Where sidewalk, curb, gutter and driveway approach sections or
appurtenances have been displaced either horizontally or vertically to a point
that one section or even a part of a section is separated at least one-half
inch from the other; or
b. Where sidewalk, curb, gutter and drive approach sections or
appurtenances have a minimum of three cracks of any length or width between
score marks and/or expansion joints; or
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C. Where greater than twenty-five percent of the surface area of any
sidewalk, curb, gutter and drive approach sections or appurtenances is
spalled; or
d. Where sidewalk, curb, gutter and drive approaches or appurtenances
have settled, spalled, or have depressions which allow water to become
entrapped or cause ice pockets; or
e. Where sections of sidewalk, curb, gutter and drive approaches or
appurtenances contiguous to sections which are in a condition as defined in
subdivisions a, b, c or d of this subsection F.1., show similar signs of
deterioration 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.
2. A drawing illustrative of subdivisions F.l.a. through F.l.e. of this
subsection is adopted as part of the ordinance codified in this section for
illustrative purposes only. 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.
G. "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.
H. "Engineer" means the city engineer, or his/her authorized
representative.
I. "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.
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J. "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 may be
settlement of surfaces, deterioration of materials, or other surface
irregularities. Measurement of failure shall be further defined in the
engineering regulations.
K. "In one ownership" means when the same person is owner of two or
more lots or tracts of land even though such person may own them jointly with
dissimilar persons.
L. "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.
M. "New Street" means any street which has been constructed,
reconstructed, or resurfaced within a two year period with a minimum of one
inch of paving material.
N. "Obstruction" means any rubbish, glass, material, wood, ashes,
tacks, metal, earth, stone, structure, or other object, thing or substance of
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 became, restricted in its intended uses or unsafe or dangerous for
travelers thereon.
O. "Permittee" means any person who has been issued a permit and has
agreed to fulfill the requirements of this chapter.
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P. "Perso." means and includes any natural person, partnership, firm,
association, public utility company, corporation, company, organization, or
entity of any kind.
Q. "Pipe Driveway" means a driveway approach which uses a pipe or other
means to bridge the gutter.
R. "Property Owner" means persm or-persons who have 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.
S. "Public utility company" means any company subject to the
jurisdiction of the Utah State Public Service Commission, or any mutual
corporation providing gas, electricity, water, telephone, or other utility
product or services for use by the general public.
T. "Public Way" means and includes all public rights-of-way and
easements, public footpaths, walkways and sidewalks, public streets, public
roads, public highways, public alleys, and public drainage ways. It does not,
however, include utility easements not within public ways of the City.
U. "Private Drain Line" means a pipe installed solely for the
transmission of water collected or generated on private property such as
drainage, spring, or storm water, or condensate into the public drainage
system.
V. "Referenced," when relating to survey monuments, means a monument
which has been measured from locally set (usually within 100 feet) survey
points sufficient to enable the monument to be reestablished if disturbed.
W. "Residences" mean 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.
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X. "Resident" means the person or persons currently making their hone
at a particular dwelling.
Y. "Section" means a portion of the concrete which is setapart by
expansion joints and/or construction joints.
Z. "Storm Drain" means a dedicated pipe, conduit, water way, or ditch
installed in a right of way or easement for the transmission-of storm and
drainage water. This term does not include private drain lines.
AA. "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.
M. "Traffic Barricade Manual" means the manual on proper barricading
and traffic control practices, published by the Transportation Engineer.
CC. "Transportation Engineer" means the City Transportation Engineer or
his/her authorized representative.
DD. "Work site restoration" means and includes the restoring 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 acoeptable condition following the conclusion of the work, or the
expiration or revocation of the permit.
AIMCIE I- GENID?AL
14.32.101 Plat--Ape i ratio xq ui remmts
A. Each and every person desiring to perform any work of any kind
subject to regulation by this chapter, in a public way within this city shall
make application for a permit. Such application shall be filed with the
engineer on a form or forms to be furnished by the engineer. property o,, - s
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and/or tenants for wham work is being done shall be responsible for obtaining
the permits, provided, however, contractors may obtain the permit in the
contractor's name.
B. No person shall be eligible to apply for or receive permits to do
work within the public ways of the City, save and except the following:
1. Contractors licensed by the state as general contractors;
2. Public utility companies; or
3. Property owners installing, replacing, or maintaining less than 500
square feet or 100 linear feet of sidewalk, curb and gutter, or driveway
approach, or other work approved by the engineer, upon a portion of the public
way adjacent to their residence.
4. Persons offering a service which requires occupation of the public
way, such as scaffold or staging, staging of a crane, installation or
maintenance of electric signs, glass, awnings, and painting or cleaning of
buildings or sign boards or other structures.
C. The City Engineer may deny the issuance of permits to contractors,
utility companies, or other permit applicants who have shown by past
performance that they will not consistently conform to the engineering
regulations and specifications.
D. When necessary, in the judgement of the 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 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.
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E. It shall be unlawful for any person to commence work upon 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.
F. The disapproval or denial of an application by the engineer may be
appealed by the applicant to the director of public works by the filing of a
written notice of appeal within ten days of the action of the city engineer.
The director of public works shall hear such appeal, if written request
therefore be timely filed as soon as practicable, and redder his/her decision
within two weeks following notice of such appeal.
G. In approving or disapproving work within the public way; or permits
therefore, 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 engineer shall act in such manner as to preserve
and protect the public way and the use thereof, but shall have no authority to
govern the actions or inaction of penuttees and applicants or other persons
which have no relationship to the use, preservation or protection of the
public way or the use thereof.
H. It shall be lawful for a city, county, or state employee to perform
routine maintenance work, not involving excavations, without first having
obtained a permit therefore.
I. A permit is not required from the engineer for hand digging
excavations for installation or repair of sprinkler systems and landscaping
within the non-paved areas of the public way. However, conformance to all
City specifications is required.
14.23.115 Eongency work.
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Any person maintaining pipes, Lines or facilities in the public way may
proceed with work upon existing facilities without a permit when emergency
circumstances demand the work to be dome immediately; provided a permit could
not reasonably and practicably have been obtained beforehand.
A. In the event that emergency work is eonmP.noed on or within any
public way of the City during regular business hours, the engineer shall be
notified within one-half hour from the time the work is eomTenced. 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.
B. Any person commencing emergency work in the public way during off
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 offices are open for business after such work is ccnveneed, and
a permit may be issued which shall be retroactive to the date when the work
has begun, at the discretion of the Engineer.
14.32.121 of additional cgs.
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.
14.32.125 Penmit fee waivers.
The engineer may waive permit fees or penalties, or portion thereof when
he/she determines that such waiver is in the best interest of the city.
14.32.131 P amit ts—Duiration and extensions.
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A. Each permit application shall state the starting date and estimated
completion date. Work shall be completed within sixty (60) days from the
starting date or as directed by the engineer. The engineer shall be notified
by the permittee of commencement within 24 hours prior to commencing work.
The permit shall be valid for the time period specified.
B. If the work is not completed during such period, the permittee may
apply to the engineer for an additional permit or an extension, which may be
granted by the engineer for good cause shaven.
C. The length of the extension determined by the permittee shall be
subject to the approval of the Engineer. No extension shall be made that
allows work to be completed in the winter period without payment of winter
fees.
14.32.135 Permit—No transfer oEr assigrnnent.
Permits shall not be transferable or assignable, and work shall not be
performed under a permit in any place other than that 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 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.
14.32.141 QamQli aonoe with cations, standards and traffic-ccn tool
Tr-�n�7 ai-i riic
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 engineer and kept on file in the office of the City Recorder and
shall be open to public inspection during office hours.
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14.32.143 Job site pmaitbee ficati on.
Where 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 c n pany name,
telephone number, and after hours telephone number.
14.32.145 Parki mei er Arai- or -- - atim.
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 14.12.130 Removal. of Parking Meters.
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 of Utah, 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 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.
14.32.153 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 as the engineer may require. 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.
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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 engineer to be structurally
unsound or defective;
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 public
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 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.
14.32.155 Insumzn ce
A. Before a permit, as provided in this chapter, is issued, the
applicant shall furnish to the City a certificate of insurance in a company
authorized to issue insurance by the State of Utah, evidencing that such
applicant has a comprehensive general liability and property damage policy
that includes contractual liability coverage with minimum limits of Two
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Hundred Fifty Thousand Dollars ($250,000) for injuries, including accidental
death to any one person; in an amount not less than Five Hundred Thousand
($500,000) on account of injuries sustained in any one accident; and property
damage insurance in an amount not less than One Hundred Thousand Dollars
($100,000) for each accident. The City Attorney may increase or decrease
minimum insurance limits, depending on the potential liability of_ any project.
B. Said insurance policies shall include the following provisions:
1. To indemnify, save harmless and defend Salt Lake City and its
officers and employees against any claim or loss, damage or expense sustained
on account of damages to persons or property occurring by reason of permit
work done by the permittee, his subcontractor or agent, whether or not the
work has been completed and whether or not the right of way has been opened to
public travel;
2. To i.nde m-ify, hold harmless and defend the City, and its officers
and employees against any claim or loss, damage or expense sustained by any
person occurring by reason of doing any work pursuant to the permit including,
but not limited to falling objects or failure to maintain proper barricades
and/or lights as required from the time work begins until the work is
corpleted and right of way is opened for public use;
3. Naming the City as an additional insured and providing that 30 day's
notice shall be given to the City prior to termination of said policy, for any
reason. Prior to cancellation of insurance, the permittee shall complete all
work and work site restoration;
C. A property owner performing work adjacent to his/her residence may
submit proof of a home owners insurance policy in lieu of the insurance
requirements of this section.
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D. 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.
14.32.157 Bond--PQqdred when.
A. Except as noted in this chapter, [E]each applicant, before being
issued a permit, shall provide the City with an acceptable corporate surety
bond of ten thousand dollars ($10,000) 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
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 M)ditiom set forth in Section 14.32.121 of this chapter, or its
successor.
14.32.161 Bond--CbndiUxm--warranty.
A. The bond required by Section, 14.32.111 or its sueoessor,shall be
conditioned that the permittee shall:
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;
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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 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.
14.32.165 Hold harmless agreement.
The permittee agrees to save the City, its officers, employees and agents
harmless from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under said permit. The
acceptance of any permit under this chapter shall constitute such an agreement
by the permittee whether the same is expressed or not.
14.32.167 Liabdlity ]imitatlrns.
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This chapter shall not be construed as imposing upon the City or any
official or employee any liability or responsibility for damages to any person
injured by or by reason of the performance of any work within the public way,
or under a permit issued pursuant to this chapter; nor shall the City or any
official or employee thereof be deemed to have assumed any such liability or
responsibility by reason of inspections authorized hereunder, the issuance of
any permit or the approval of any work.
14.32.171 Work without permit-Penalty.
A stop order may be issued by the 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.
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.
14.32.173 Failure t+o comply Penalty.
A. Any permit may be revoked or suspended and a stop order issued by
the 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 ecnstitute or cause a condition endangering life or property.
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B. A suspension or revocation by the engineer, and a stop order, shall
take effect immediately upon entry thereof by the engineer and notice to the
person perfonnin the work in the public way.
14.32.175 Default in I =ne`-Penalty.
Whenever the 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 notice shall state the work to be done, the estimated cost
thereof, and the period of time deemed by the engineer to be reasonably
necessary for the completion of the work.
14.32.177 (7anpLetion sty to perform wow 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
co mience 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 engineer, with city
forces or contract formes 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.
14.32.181 Failure to omform to design s mda s--Penalty.
For failure to conform to the design standards and regulations, the
engineer may:
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A. Suspend or revoke the permit.
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.
14.32.183 Appeal of suspension, revocation, or sbop order.
Any suspension or revocation or stop order by the engineer may be
appealed by the permittee to the director of public works by filing a written
notice of appeal within ten days of the action of the engineer. The director
of public works shall hear such appeal, if written request therefore be timely
filed, as soon as practicable, and render his/her decision within a reasonable
time following filing of notice of appeal.
14.32.185 Taipering with traffic barricades.
It is unlawful for any person maliciously or wantonly or without
authorization and legal cause to extinguish, remove or diminish any light
illuminating any barricade or excavation or to tear down or remove any rail,
fence or barricade protecting any excavation or other construction site.
14.32.187 Violatim-Plenalty.
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.
ARTICLE II OCCUPMU THE PUEMC WAY WE ME WO13MG ON PRIVATE PIa)PERPY
14.32.201 Permit required for certain work.
A. Rrxuised for cbstnaction of public way. Except for a period of 14
days prior to scheduled City sponsored cleanup campaigns, it is unlawful for
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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 obtai ni m 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. 140qu tr-ar7 fcw 7 7!_-- 1 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 extend by the Engineer.
C. R xp rrd for scaffold cr staging over public way. It shall be
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 pennit.
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 obstructim 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 fran such work. All
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obstructions and other rubbish shall be rammed by the permittee at such times
as the Engineer may direct and in case of the neglect or refusal of such
permittee to remove such rubbish or obstruction, the Engineer may cause it to
be removed at the permittee Isexpense in accordance with the law.
B. to eight feet. No permit to occupy the public way with
buildirxj materials or-barricade fence shall be granted that will allow
occupation of 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. Mainbenanoe of drainage ls. 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 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.
14.32.221 Berfiormano- Bond—Emmpll
A performance bond is not required for staging in, occupation of, or
obstructing the public way except where such activity includes excavation or
replacement of public improvements as covered in articles III or IV of this
chapter. However, the permittee shall be strictly responsible to repair any
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damage to the public way caused by the use thereof, and for any and all damage
caused to any other person.
14.32.231 Rift of Way Obsttuotion Pen d t-44--� and fees.
A. The 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:
1. M nth]Ly fee. (Construction Barricades requiring moire than five
days). In addition to excavation fees:
a. Flat fee for all or any part of a block face: $125.00/month;
b. Each additional block face: $125.00/month;
2. Short-tem 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 -
$20.00/setup. No fee shall be charged for scaffolding or staging done behind
an approved barricade fence.
ARTICLE III INSPALIATION, MDIFICATION OR REPLACEMENT OF
PU3LIC 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 the amount of fifty percent of the total replacement cost in the
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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. (Ord. 24-86 1 (part), 1986; prior code §38-2-1(1) and (2)).
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:
l.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 awned 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 14.32.325, and
2. Take such temporary steps as needed to protect the public from the
hazard until the hazard is repaired.
14.32.315 Defective oanambe--Disommry 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 same as if reported by the owner or tenant. The owner
and/or tenant shall have the same duties as set forth in 14.32.311.
14.32.321 Defective cmxxete-Notice to zplace--its.
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
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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 eptioas and costs.
After notice is given as specified in Sectien_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 earpleted within sixty calendar days of receipt of the notice
provided for in the 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 ;nu-g 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 replant 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
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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.
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 replant,
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 replant after
such district is created, and 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
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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.
14.32.331 Qcd r 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 ofrir�nr�vt .
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 Engineer or the Engineer's
designee may temporarily waive the requirement of replacement.
14.32.341 Abatement of apt-�bnditi,rns.
Assessments shall be equal and uniform aoeording 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 therefore
with the city, in order for payments to be abated. In order for the above
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income guidelines to became effective for the 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 Spec M rtions and grades for cKxis xuctim.
All construction authorized by the permit issued under this chapter shall
be constricted In accordance with the specifications and grades approved by
the 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 S; ma7 ks--Inspection and approval.
All sidewalks constructed in accordance with the permits authorized by
this chapter shall be subject to inspection and approval by the engineer.
14.32.361 Driveway .
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-lA, 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
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. ate t[fdmess. 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
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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, s a� and landbcap-hig. 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
nonoonform'ig 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.
D. Corner lot and vin7at o . 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 eonditians. 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.
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F. Pipe driveway—Ptnperty o` ler rem snibility. permits for pipe
driveways shall be issued only for locations which meet criteria established
by the 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.
14.32.365 Public Way improvement Penn t review and i n��r-ti rn fees.
A. The 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 public way improvements:
1. Curb and Gutter $1.00 per lineal foot
2. Sidewalk, driveway approach $0.18 per square foot
Minimun Charge:
April 1 - N vember 15 $70.00 November 16 - March 31 $105.00
3. Plait extension - $25.00.
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.
ARTICLE IV--EXCAVATIG S IN THE PUBLIC WAY
14.32.411 mrcrtian Plait Review and '*t��rir�r t-�'rn fees.
A. The 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
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1. On mmation
a. $0.18 per square foot Hard Surfaced
b. $0.12 per square foot Other
Minimum Charge:
April 1 - November 15 November 16 - March 31
Hard Surfaced $80.00 $120.00
Other $50.00 $75.00
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 1 - November 15 November 16 - March 31
Hard Surfaced $50.00 $80.00
Other $30.00 $45.00
3. New streets. Excavation permits for new streets 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 engineer may
also require persons working in new streets 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.
4. Survey mormmmts. Survey Monuments that are disturbed by
construction in the public way must be referenced and replaced by a licensed
land surveyor. The City Surveyor will reference and replace monuments for a
fee of $400.00. If a monument is disturbed without being referenced, the cost
of replacement will be $1,000.00. Such cost of recovery will be the
responsibility of the person causing the damage.
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5. Pales and and cws. Poles and Anchors, $20.00 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 - $25.00. The Engineer may deny this extension
when work is not proceeding on the project in a satisfactory manner.
14.32.413 Quality fee credit.
A. Permittees doing excavations frequently in the City may qualify for
a quality construction fee credit subject to the following:
1. The permittee or an employee of the permittee who has been trained
and certified by the engineer in proper inspection and materials testing,
barricading and traffic control is on the job site during all construction
activities.
2. The engineer or his/her designee will make random inspections of
work dome by permittees to insure compliance with the regulations and
specifications of the city.
3. A permittee or an employee of the permittee who has been certified
by the engineer may have said certification revoked by the engineer for
failure to properly enforce the regulations and specifications of the city.
4. An average of not more than three percent of all excavations
completed within any month will have failed by the one-year inspection.
B. Permittees participating in the Quality Construction program shall
receive credit refunds of permit fees as follows:
1. If an average one-year failure rate is below three percent, the
engineer will issue a credit refund equal to ten percent of the permit fees
paid for the month being evaluated.
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2. If a warranty inspection reveals no failures, the engineer will
issue a credit refund equal to twenty pent of the permit fees paid for the
month being evaluated.
3. Such refund credit is not valid for a cash refund, but may be
applied toward the fee for future permits.
4. The warranty inspection and fee wit in no way removes the
permittee of responsibilities for repairs if a failure oocurs within two years
as required in section 14.32.121.A.3.
14.32.417 Timely nntificatinn edits.
If a permittee schedules an inspection by notifying the engineer twenty-
four hours in advance of the actual time backfilling to take place, and if the
backfilling restoration actually takes place at the appointed time, the
engineer or his/her inspector may issue a refund credit to the permittee in
the amount of ten dollars. Such refund credit is not valid for a cash refund,
but may be applied toward the fee for future permits. Only one refund credit
can be issued per permit.
ARTICLE V--SIC W EFAIM
14.32.501 Storm drain inspecti❑n fees.
A. Storm drains. Storm Drains, $1.75 per lineal foot ($70.00 minimum
change) in addition to excavation fees.
B. Private drain linecccnecticris.
1. Connection to existing storm drain - $50.00.
2. Construct clean out box for connection to existing storm drain -
$75.00.
3. Connection into face of curb or existing inlet or clean out box -
$30.00.
14.32.511 Private drain line---Yles ❑nsi hi 7 i ty.
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Private drains may be installed in the right of way, but cleaning,
maintenance and replacement thereof remains the responsibility of the owner.
A private drain is considered privately owned from the source to the point at
which it connects with a public storm drain. Any repairs made within the
public way shall require a permit.
ARTY:iE VI REAL OF PRIOR QRDIINANCES
14.32.601 Repeal..
This ordinance, Construction, Excavation, and Obstruction in the Public
Right of Way, Chapter 14.32, Articles I - IV, replaces Chapters 14.04.010
through 14.04.040, Streets and Sidewalks Administration and Enforcement,
14.32.010 through 14.32.290, Excavations and Obstructions, Chapter 14.16.010
through 14.16.050 Sidewalk and Driveway Construction and Chapter 14.24.010
through 14.24.090 Repair and Replant of Sidewalk, curb and gutter, and
Chapter 18.60, Articles I and II, Barricades and Scaffolds. Passing and
adoption of this ordinance voids and supersedes the previous ordinances as
noted.
SECTION 2. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake Ci y, Utah, this
6th day of June 1989 .
v
C I
ATTEST•
CIT R ER
rrans.%fitted to the Mayor on June 6, 1989
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Mayor's Action: 616189 Approved. Vetoed.
MA O
ATTEST.
Uly
IT
RDER .............
by
(SEAL)
Bill No. 32 of 1989.
Published: JUILZ 1, 1989
GRH:rc
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