011 of 2022 - Amendment to Require Notice for Permits to Work in the Public WaySALT LAKE CITY ORDINANCE
No. _____ of 2022
(Amendment to Require Notice for Permits to Work in the Public Way)
An ordinance amending sections 14.32.030 and 14.32.035 and inserting a new section
14.32.036 of the Salt Lake City Code pertaining to notice of permits to work in the public way.
WHEREAS, the City Engineer has by policy requested that holders of a permit to work in
the public way provide notice of such work to adjacent property owners prior to commencing
such work; and
WHEREAS, the City Council desires that where there is construction in the public way,
the City will require that notice is given to adjacent property owners as a requirement to obtain a
permit to work in the public way; and
WHEREAS, the City Council now desires to amend this ordinance; and
WHEREAS, the City Council finds that this ordinance is in the best interest of the public.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Section 14.32.030. That Section 14.32.030
of the Salt Lake City Code (Permit Application Requirements) shall be and hereby is amended as follows:
14.32.030: PERMIT APPLICATION REQUIREMENTS:
A.The permit application shall contain, as applicable:
1. The name, address, telephone number, and email of the applicant. Where an applicant is
not the owner or in sole control of the facility to be installed, maintained or repaired in the
public way, the application also shall include the name, address, telephone number, and
email of the owner;
2.A description of the location, purpose, method of the proposed work, and surface and
subsurface area to be affected;
3. Where required by the City Engineer, a plan showing the proposed location of the work
and the dimensions of any excavation and the facilities to be installed, maintained, or
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repaired in connection with the work, and such other details, existing utilities, and drawing
standards as the City Engineer may require;
4. The proposed start date of the work;
5. The proposed duration of the work, including the duration of the restoration of the
public way physically disturbed by the work;
6. The applicant’s signature, certifying that all material to be used in the work and
restoration of the public way, will be on hand and ready for use so as not to delay the work
and the prompt restoration of the public way;
7. The applicant’s signature, committing that the applicant will perform the work in
compliance with all terms and conditions of this chapter, and all applicable engineering
regulations;
8.Evidence that applicant carries insurance as required by either section 14.32.065 or the
applicable agreement with the City;
9.A security device as required by section 14.32.070;
10. A scaled site plan, rendering or photo simulation, scaled elevation view and other
supporting drawings and calculations, showing the location and dimension of all
improvements. The submittal must include sufficient information to determine compliance
with the standards and requirements of this chapter, specifically including information
concerning structure height and location within the public way, compliance with the City's
intersection and driveway sight distance standards, and compliance with the ADA;
11. Evidence of all regulatory approvals, permits, authorizations or licenses for the offering
of such services from the appropriate Federal, State, and local authorities (whether the
services are being offered by the permit provider or another person), upon request of City;
12.Evidence that the franchise holder (if not the applicant) has provided permission to
perform the work on behalf of the franchise holder and, if applicable, permission to use or
attach to franchise holder’s property in the public way; and
13. Any other information that may reasonably be required by the City Engineer.
SECTION 2. Amending the Text of Salt Lake City Code Section 14.32.035. That Section 14.32.035
of the Salt Lake City Code (Permit Application Approval Criteria) shall be and hereby is amended as follows:
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14.32.035: PERMIT APPLICATION APPROVAL CRITERIA:
A.In reviewing the permit application for approval, the City Engineer shall consider, among
other things, the following:
1. The capacity of the public way to accommodate the facilities proposed to be constructed
and installed, and the compatibility of such new facilities with existing facilities;
2. Any damage to or disruption of public or private facilities, improvements, or
landscaping in the public way;
3. The capacity of the public way to accommodate multiple work in the public way
projects or other conflicting uses of the public way;
4. Any existing excavation restrictions imposed by the City Engineer pursuant to section
14.32.085;
5.The availability of alternatives to excavation, including, without limitation, the
existence of excess capacity in the public way, or the feasibility of using tunneling, boring, or
other trenchless technology;
6. The qualifications and reputation of the applicant;
7. The financial strength of the applicant, including the applicant's ability to provide the
required security; and
8. Notice to adjacent properties has been accomplished as described in 14.32.036.
B.The City Engineer may deny the issuance of permits to persons who have shown by past
performance that they will not consistently conform to the engineering regulations, construction
specifications, design standards or the requirements of this chapter; provided that prior to any
such denial, such person shall be given written notice of the basis for such denial and shall be
given a reasonable opportunity to be heard in connection therewith.
C.When necessary, in the judgment of the City 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 City 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.
D.The disapproval or denial of an application by the City Engineer may be appealed by the
applicant to the Director of Public Services, by the filing of a written notice of appeal within ten
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(10) days of denial. The Director of Public Services shall hear such appeal and render his/her
decision, within fifteen (15) days following notice of such appeal.
E. In approving or disapproving work within the public way, or permits therefor; 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 City Engineer shall act in
such manner as to preserve and protect the public way and the use thereof.
SECTION 3. Inserting a new Salt Lake City Code Section 14.32.036. That Section
14.32.036 of the Salt Lake City Code (Notice Requirements) shall be and hereby is inserted as
follows:
A. Prior to the City issuing a Work in the ROW permit, notice of the proposed work shall be
delivered by the applicant to the adjacent properties, except as otherwise provided herein. Notice
will be paid for and delivered by applicant unless otherwise determined by the City Engineer.
1. “Adjacent properties” means (a) the property(ies) with a boundary contiguous to the
portion of the public way where the work is proposed, and (b) one property on each side of
the contiguous property(ies).
a. With respect to proposed work located below ground and behind the curb and
gutter, notice shall be delivered to the adjacent properties on the same side of the public
way as the proposed work.
b. With respect to proposed work located below ground and in the paved section of
the public way, notice shall be delivered to the adjacent properties on both sides of the
public way.
c. With respect to proposed work located above ground, notice shall be delivered to
the adjacent properties on both sides of the public way.
d. Notice shall be provided to every adjacent property contiguous to the work
location, regardless of whether the work is below ground or above ground.
2. The notice shall meet the following requirements:
a. Notice shall be given by either:
(i) placing a door hanger or flyer on the building on each adjacent property in
a conspicuous location and affixed in a manner that it won’t easily be dislodged by
weather, or
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(ii)mailing notice to the occupant and, if a separate address, the record owner
of the adjacent property. The notice must be mailed if the adjacent property is a vacant
lot.
(iii)If a multi-unit building is located on an adjacent property, notice must be
mailed to the owner of the building and occupant of each unit, and to the record owner of
each unit if a separate address.
b.Each notice shall contain the name of the permit applicant and a local contact
phone number and email address for the permit applicant.
c.Each notice shall describe the reason for the construction, the anticipated date(s)
of construction, and whether the street will be closed due to construction.
3. If notice is delivered by the applicant, evidence of satisfactory notice means a
construction drawing showing which properties were noticed, a copy of the provided notice,
and any of the following: an affidavit from the permit applicant confirming delivery of notice
and the date notice was delivered, a photo showing the notice on the building and property
address, a certificate of mailing, or a signed receipt for certified mail delivery. If the City
provides the notice, it shall keep a record of how and where the notice was delivered.
4. No notice shall be required in the following situations:
a.Any work where a permit is not required.
b. Emergency situations.
c. Certain maintenance type activities where the street remains passable and
unrestricted, such as snow plowing, street sweeping, street patching activities, and
pothole repairs.
d.Replacement work where the work is replacing like for like (example -replacing a
section of sidewalk with the same width sidewalk).
e. Placement of a dumpster, POD, or other obstruction for less than 8 days.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
passage.
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Passed by the City Council of Salt Lake City, Utah, this ____ day of _________, 2022.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2022.
Published: ______________.
Approved As To Form
Salt Lake City Attorney’s Office
By: _________________________
Kimberly K. Chytraus
Date: ______________________
22nd March
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Kimberly Chytraus (Mar 29, 2022 08:38 MDT)
Mar 29, 2022
Dan Dugan (Mar 29, 2022 09:42 MDT)
Dan Dugan
Mar 29, 2022
Erin Mendenhall (Mar 29, 2022 11:16 MDT)
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Cindy Trishman (Mar 29, 2022 17:17 MDT)
Cindy Trishman (Mar 29, 2022 17:17 MDT)
March 30, 2022
Ordinance 11 of 2022 Amendment to Require
Notice for Permits to Work in the Public Way
Final Audit Report 2022-03-29
Created:2022-03-29
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAXH1zSXyZUHbtVapM2hgfVy3mLjG1nMha
"Ordinance 11 of 2022 Amendment to Require Notice for Permit
s to Work in the Public Way" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2022-03-29 - 2:09:43 PM GMT
Document emailed to Kimberly Chytraus (kimberly.chytraus@slcgov.com) for signature
2022-03-29 - 2:11:43 PM GMT
Email viewed by Kimberly Chytraus (kimberly.chytraus@slcgov.com)
2022-03-29 - 2:38:48 PM GMT
Document e-signed by Kimberly Chytraus (kimberly.chytraus@slcgov.com)
Signature Date: 2022-03-29 - 2:38:59 PM GMT - Time Source: server
Document emailed to Dan Dugan (daniel.dugan@slcgov.com) for signature
2022-03-29 - 2:39:01 PM GMT
Email viewed by Dan Dugan (daniel.dugan@slcgov.com)
2022-03-29 - 3:41:50 PM GMT
Document e-signed by Dan Dugan (daniel.dugan@slcgov.com)
Signature Date: 2022-03-29 - 3:42:15 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2022-03-29 - 3:42:17 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-03-29 - 5:15:12 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2022-03-29 - 5:16:50 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2022-03-29 - 5:16:52 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2022-03-29 - 11:17:21 PM GMT - Time Source: server
Agreement completed.
2022-03-29 - 11:17:21 PM GMT