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046 of 2001 - relating to construction excavation and obstructions in the Public Way 0 01-1 0 99-26 SALT LAKE CITY ORDINANCE No. 46 of 2001 (Relating to Construction, Excavation and Obstructions in the Public Way) AN ORDINANCE AMENDING SECTIONS 14.32.070, 14.32.075, 14.32.105, 14.32.135, 14.32.400, 14.32.405 AND 14.32.410 OF THE SALT LAKE CITY CODE, REVISING THE RESTORATION STANDARDS APPLICABLE TO PERSONS PERFORMING STREET CUTS IN THE PUBIC WAY; REVISING THE MAXIMUM BOND PERIOD; CHANGING CERTAIN FEES AND CHARGES FOR WORK IN THE PUBLIC WAY; AND RELATED MATTERS. * * * Be it and it is hereby ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. Section 14.32.070 of the Salt Lake City Code is hereby amended to read as follows: 14.32.070 Bond —Required when: Except as noted in this Chapter, each applicant, before being issued a permit, shall provide the City with an acceptable corporate surety bond of fifteen thousand dollars ($15,000.00) to guarantee faithful performance of the work authorized by a permit granted pursuant to this Chapter, and compliance by such applicant with the terms and conditions of the permit, applicable City ordinances, and the regulations, specifications and standards promulgated by the City relative to work in the public way. The amount of the bond required may be increased or decreased in the discretion of the City 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. SECTION 2. Section 14.32.075 of the Salt Lake City Code is hereby amended to read as follows: 14.32.075 Bond-Conditions Term: A. The bond required by Section 14.32.070 of this Article or its successor, shall guarantee to the City that the permittee shall fully comply with the requirements of the permit, applicable 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. B. The bond shall guarantee all of permittee's obligations of performance arising during the period beginning on the date the permit is issued, and ending on the date three (3)years after completion of the work to the satisfaction of the City. C. The limitation of the duration of the bond to three (3) years shall not operate to limit obligations of the permittee which extend beyond, or arise after, such three (3)year period under the terms of the permit, applicable City ordinances, or the regulations, specifications and standards promulgated by the City. SECTION 3. Section 14.32.105 of the Salt Lake City Code is hereby amended to read as follows: 2 14.32.105 Compliance With Specifications, Standards And Traffic-Control Regulations: A. 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 City Engineer and kept on file in the office of the City Recorder and the City Engineer, and shall be open to public inspection during office hours. B. All excavations shall be conducted in a diligent and expeditious manner resulting in a minimum amount of interference or interruption of street and pedestrian traffic. All-weather pedestrian access to businesses shall be provided. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to provide safe and efficient traffic flow, and to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and the public way restoration has been completed. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The Transportation Division, the Police Department and the Fire Department shall be notified at least twenty four (24)hours in advance of any planned excavation requiring street closure or traffic detour. SECTION 4. Section 14.32.110 of the Salt Lake City Code is hereby amended to read as follows: 3 14.32.110 Job Site Permittee Identification: During construction, and during any other period of time that the public way remains obstructed, the permittee shall post at the site a sign with minimum two inch (2") high letters and otherwise meeting the requirements of the City Engineer, indicating permittee's name, or company name, telephone number, and both daytime and after-hours telephone numbers. At least one sign shall be posted for each block face affected by the construction. SECTION 5. Section 14.32.135 of the Salt Lake City Code is hereby amended to read as follows: 14.32.135 Restoration of Public Property: A. The permittee shall, at its own expense, restore all public way facilities modified, damaged or removed by the permittee to a condition that is comparable to or better than the condition that existed prior to the commencement of the work, as required by the engineering regulations, design standards and specifications promulgated by the City from time to time. Such regulations, design standards and specifications shall require, at a minimum, that restoration work be performed beyond the walls of any trench for a minimum distance of 24 inches on each side of the trench for trenches less than 42 inches deep, and a minimum distance of 36 inches on each side of the trench for trenches deeper than 42 inches; provided, however, that the City Engineer may determine not to require restoration of the street surface beyond the walls of any trench located in a street scheduled to be reconstructed by the City within three (3) years following completion of the 4 excavation work, if the cost of such work exceeds the benefit to the City, and the site can otherwise be restored to the satisfaction of the City for such three (3) year period. All restoration work shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the City Engineer. B. Without limiting the generality of the foregoing, and unless otherwise authorized by the City Engineer in the permit, all paving and replacement of street facilities shall be completed within three (3) calendar days from the time the excavation commences on major or collector streets, and within seven (7) 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 applicable standards and specifications. In winter, a temporary patch must be provided, to be replaced with permanent materials when weather permits. 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. SECTION 6. Section 14.21.400 of the Salt Lake City Code is hereby amended to read as follows: 5 14.32.400 Excavation permit fees. A. The City 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: 1. Excavation. a. Hard-surfaced $0.25 per square foot b. Other $0.17 per square foot Minimum Charge: April 1st - November 15th Hard-surfaced $125.00 Other $ 80.00 November 16th - March 31st Hard-surfaced $185.00 Other $120.00 2. Multiple Utility Excavation. Minimum fees shall be in accordance with the following schedule, if the distance between excavations does not exceed one block (660 feet) along the same street. Minimum Charge: April 1st - November 15th Hard-surfaced $80.00 Other $45.00 6 November 16th - March 31 st Hard-surfaced $125.00 Other $72.00 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 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 City Engineer may also require persons working in such portions of the pubic way 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. 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. Poles and anchors, thirty-eight dollars ($38.00) 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: fifty dollars ($50.00). The City Engineer may deny this extension when work is not proceeding on the project in a satisfactory manner. SECTION 7. Section 14.32.405 of the Salt Lake City Code is hereby amended to read as follows: 7 14.32.405 Public Way Improvement Fees. The City 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: A. Curb and gutter $ 1.50 per lineal foot B. Sidewalk, driveway approach $ 0.25 per square foot Minimum Charge: April 1st - November 15th $ 125.00 November 16th - March 31st $ 185.00 C. Permit extension $ 50.00 D. For in-kind replacement of existing sidewalk, curb and gutter, or driveway approach, a no-charge permit will be issued. E. 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. SECTION 8. Section 14.32.410 of the Salt Lake City Code is hereby amended to read as follows: 14.32.410 Public Way Obstruction Permit Fees. The City 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: 8 A. Monthly fee. (Construction Barricades Requiring More Than Five Days.) In addition to excavation fees: 1. Flat fee for all or any part of a block face: one hundred eighty-five dollars ($185.00) per month, 2. Each additional block face: one hundred seventy dollars ($170.00)per month. 3. Permit extension: two hundred dollars ($200.). B. Short-Term Occupation 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: thirty dollars ($30.00) 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 forty dollars ($40.00). SECTION 9. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 14th day of June , 2001. CH4RPERSON l 9 ATTEST: 0004: :•%40 CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on June 18, 2001 Mayor's Action: A Approved. Vetoed. YOR •CHIEF40:FIN 11 CITY CORDER Deo cIrt. 6 #4 L * (S TT .‘: '1 Bill Published: July 1,, 2001 • G\Ordina01\14-32 construction&excavation in public way-clean doe 1 0