Legislative Version Ordinance - 12/14/2021 LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. of 2021
3 (Amendment to Require Notice for Permits to Work in the Public Way)
4 An ordinance amending sections 14.32.030 and 14.32.035 and inserting a new section
5 14.32.036 of the Salt Lake City Code pertaining to notice of permits to work in the public way.
6 WHEREAS, the City Engineer has by policy requested that holders of a permit to work in
7 the public way provide notice of such work to adjacent property owners prior to commencing
8 such work; and
9 WHEREAS, the City Council desires that where there is construction in the public way,
10 the City will require that notice is given to adjacent property owners as a requirement to obtain a
11 permit to work in the public way; and
12 WHEREAS, the City Council now desires to amend this ordinance; and
13 WHEREAS, the City Council finds that this ordinance is in the best interest of the public.
14 NOW THEREFORE be it ordained by the City Council of Salt Lake City, Utah:
15 SECTION 1. Amending the Text of Salt Lake City Code Section 14.32.030. That Section 14.32.030
16 of the Salt Lake City Code(Permit Application Requirements) shall be and hereby is amended as follows:
17 14.32.030: PERMIT APPLICATION REQUIREMENTS:
18 A. The perinit application A pp!ications for- , p,,nnit shall ��ied with c:t„ Engine ff OR
19 f)Fm -1 feFms to be r:. hed b the City Engi„ee f, ..n shall contain, as applicable:
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20
21 1. The name, address, telephone number, and faosimile nut mail of the applicant.
22 Where an applicant is not the owner or in sole control of the facility to be installed,
23 maintained or repaired in the public way, the application also shall include the name, address,
24 telephone number, and faesimile nu aberemail of the owner;
25
26 2. A description of the location, purpose, method of the proposed work, and surface and
27 subsurface area to be affected;
28
29 3. Where required by the City Engineer, aA plan showing the proposed location of the
30 work and the dimensions of any excavation and the facilities to be installed, maintained, or
31 repaired in connection with the work, and such other details; existing utilities, and drawing
32 standards as the City Engineer may require;
33
35 1_ise of.aectipy the ubl:e way for rttle purpose cieseribed in +ltr, ;p
36 e-a"Ilea t ; of37 f
owner Vl-the faeility or faudifies to M ;aiwf lL41R41I, maintained,,, repaired,
38 demonstm4e in a form aiid mannef speeified by the City Engineer that flie applieant i
39 uuui\n
owner;ized to act oil beh-Ir-'rflie
40 �4.
41 -The proposed start date of the work;
42
43 6.5. The proposed duration of the work, w ieh shall ineludeincl� the duration of
44 the restoration of the public way physically disturbed by the work;
45
46 -7-.6. The applicant's signature,certifyinkAlf������'��that all material to be
47 used in the work and restoration of the public way, will be on hand and ready for use so as
48 not to delay the work and the prompt restoration of the public way;
49
50 8-.7. The qpplicant's signature, comm ittin , ►a Witten eer-t:a::,,.,fion that the applicant and
51 owner are-will perform the work in compliance with all terms and conditions of this chapter,
52 and all applicable nale;-max engineering_regulations ofthe�,, El4n,ail #
,
fees,or-penaldes that
54 h--ave been finally deteFfnified by
55
1 56 9-.8. Evidence that applicant carries of-insurance as required by either
57 section 14.32.065 ofthi hapter or the applicable agreement with the City;
58
59 4-0-.9. A peFfe fmanee depe+it security device as required by section 14.32.070 of this
60 ems ;
61
62 44 10. A scaled site plan, rendering or photo simulation, scaled elevation view and
63 other supporting drawings and calculations, showing the location and dimension of all
64 improvements. The submittal must include sufficient information to determine compliance
65 with the standards and requirements of this chapter, specifically including information
66 concerning structure height and location within the public way, compliance with the City's
67 intersection and driveway sight distance standards, and compliance with the ADA;
68
69 4zL11. Evidence of all regulatory approvals, permits, authorizations or licenses for the
70 offering of such services from the appropriate Federal, State, and local authorities (whether
71 the services are being offered by the permit provider or another person), upon request of
72 City;
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73
74 !3.12. Evidence that the owner-franchise holder(if not the applicant) has provided
75 permission to perform the work on behalf of the owner-franchise holder and, if applicable,
76 permission to use or attach to e•w er-;rfranchisc holder's property in the public way; and
77
78 44413. Any other information that may reasonably be required by the City Engineer.
79
80 SECTION 2. Amending the Text of Salt Lake City Corte Section 14.32.035. That Section 14.32.035
81 of the Salt Lake City Code(Permit Application Approval Criteria) shall be and hereby is amended as follows:
82 14.32.035: PERMIT APPLICATION APPROVAL CRITERIA:
83 A. Faet rs .o r �,r.,,�:�l—W b the t' In reviewing the permit application for approval,
� by vv,nzlliwL A
84 and the L,eep and tiin-ng o •ppr�.r d work, s! ,tt ,all the City Engineer shall consider, among
a.. the aL,au ca�a.,=a,s v , _
85 other things, the following:
86 1. The capacity of the public way to accommodate the facilities proposed to be constructed
87 and installed, and the compatibility of such new facilities with existing facilities;
88
89 2. Any damage to or disruption of public or private facilities, improvements, or
90 landscaping the existing in the public way;
91
92 33 The capacity of the public way to accommodate multiple work in the public wa
93 projects or other conflicting;uses of the public way;
94
95 excavations in the p ubl a,3
96
97 4. Any H%wexisting excavation restrictions imposed by the City Engineer pursuant to
98 section 14.32.085 ofthis chaptef;
99
100 5. The availability of alternatives to excavation, including, without limitation, the
101 existence of excess capacity in the public way, or the feasibility of using tunneling, boring, or
102 other trenchless technology;
103
104 6. The qualifications and reputation of the applicant;
105
106 7. The financial strength of the applicant, including the applicant's ability to provide the
107 required beading an security; and
108
109 7-.8. Notice to adjacent ro ert owners has been accomplished as described in
110 14.32.036.afid
111
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I112 8 MentialeOnfliet.sWith O►s,e.-_...,eS OfthO 13Ubk .
113
114 B. The City Engineer may deny the issuance of permits to persons who have shown by past
115 performance that they will not consistently conform to the engineering regulations, construction
116 specifications, design standards or the requirements of this chapter; provided that prior to any
117 such denial, such person shall be given written notice of the basis for such denial, and shall be
118 given a reasonable opportunity to be heard in connection therewith.
119
120 C. When necessary, in the judgment of the City Engineer, to fully determine the relationship
121 of the work proposed to existing or proposed facilities within the public ways, or to determine
122 whether the work proposed complies with the engineering regulations, construction
123 specifications and design standards, the City Engineer may require the filing of engineering
124 plans, specifications and sketches showing the proposed work in sufficient detail to permit
125 determination of such relationship or compliance, or both, and the application shall be deemed
126 suspended until such plans and sketches are filed and approved.
127
128 D. The disapproval or denial of an application by the City Engineer may be appealed by the
129 applicant to the Director of Public Services, by the filing of a written notice of appeal within ten
130 (10) days of denial. The Director of Public Services shall hear such appeal and render his/her
131 decision, within fifteen (15) days following notice of such appeal.
132
133 E. In approving or disapproving work within the public way, or permits therefor; in the
134 inspection of such work; in reviewing plans, sketches or specifications; and generally in the
135 exercise of the authority conferred upon him/her by this chapter, the City Engineer shall act in
136 such manner as to preserve and protect the public way and the use thereof.
137
138 SECTION 3. Inserting a new Salt Lake City Code Section 14.32.036. That Section
139 14.32.036 of the Salt Lake City Code (Notice Requirements) shall be and hereby is inserted as
140 follows:
141 A. Prior to the City issuing a Work in the ROW ermit notice of the proposed work shall be
142 delivered to the occupant at the adjacent properties, except as otherwise provided herein. Notice
143 will be delivered by applicant unless otherwise determined by the City Engineer.
144 1. "Adjacent properties"means a the property with a boundaLy contiguous to the portion
145 of the public way where the work is proposed, and b the property on each side of the
146 contiguousproperty.
147
148 a. With respect to proposed work located below ground and behind the curb and
149 Rutter, notice shall be delivered to the occupant of the adjacent properties erties on the same
150 side of the public way as the proposed work.
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151
152 b. With respect to proposed work located below ground and in the paved section of
153 the ublic way, notice shall be delivered to the occupant of the adjacent rp erties on
154 both side of the public way.
155
156 C. With respect to proposed work located above ground, notice shall be delivered to
157 the occupant of the adjacent properties on both sides of the public way.
158
159 2. The notice shall meet the following requirements:
160
161 a. Notice shall be given by either:
162
163 iplacing a door hanger or flyer on the building on the adjacent properties in
164 a conspicuous location and affixed in a manner that it won't easily be dislodged b
165 weather, or
166
167 ii mailing notice to the occupant and if separate address the record owner
168 of the adjacent property. The notice must be mailed if the adjacent 12roVerty is a vacant
169 lot.
170
171 b. Each notice shall contain the name of the permit applicant and a contact phone
172 number and email address for the pennit applicant.
173
174 C. Each notice shall describe the reason for the construction the anticipated date(s)
175 of construction and whether the street will be closed due to construction.
176
177 3. If notice is delivered by the applicant, evidence of satisfactory notice means a
178 construction drawing,showing; which properties were noticed a copy of the provided notice
179 and any of the following: an affidavit from the permit a licant confirming delivea of notice
180 and the date notice was delivered a photo showing the notice on the building and property
181 address a certificate of mailing, or a signed receipt for certified mail delivery. If the Cit
182 provides the notice it shall keep a record of how and where the notice was delivered.
183
184 4, No notice shall be required in the following situations:
185
186 a. Any work where a permit is not required.
187
188 b. EmMency situations.
189
190 C. Certain maintenance type activities where the street remains passable and
191 unrestricted, such as snow plowing,street sweeping, street patching activities, and
192 pothole repairs.
193
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194 d. Replacement work where the work is replacing like for like(example-re lacin
195 a section of sidewalk with the same width sidewalk).
196
197 e. Placement of a dum ster, POD or other obstruction for less than 8 da s.
198 SECTION 4. Effective Date. This ordinance shall become effective on the date of its
199 passage.
200 Passed by the City Council of Salt Lake City, Utah, this day of 2021.
201
202
203
204 CHAIRPERSON
205
206 ATTEST AND COUNTERSIGN:
207
208
209
210 CITY RECORDER
211
212
213 Transmitted to Mayor on
214 Mayor's Action: __Approved. Vetoed.
215
216
217 MAYOR
218
219
220 CITY RECORDER
221 Approved As To Form
222 Salt Lake City Attorney's Office
223 (SEAL)
224 By
225 Kimberly K. Chytraus
226 Bill No. of 2021. Date:
227 Published:
228
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