PREAMBLE, DEFINITIONS AND GENERAL REQUIREMENTS

Salt Lake City Code tit. 14, ch. 14.32, art. I

in effect

Salt Lake City Code § 14.32.010 PREAMBLE

14.32.010: PREAMBLE: It is the express policy of the city to minimize the frequency and extent of construction activities in the public way, and to more effectively control and manage construction activities in the public way, for the purpose of: a) minimizing the disruption of traffic, b) protecting the city's investment in its infrastructure by preserving the serviceable life of its streets, sidewalks, curbs, gutters and other improvements, c) promoting the efficient flow of traffic, and d) generally promoting the public safety and welfare of the residents of, and visitors to, the city. Accordingly, all construction and excavation in, and obstruction of, the public way shall be subject to the procedures and requirements of this chapter. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.015 DEFINITIONS

14.32.015: DEFINITIONS: As used in this chapter: APARTMENT HOUSE: A building comprising four (4) or more dwelling units designed for separate housekeeping tenements. APPLICANT: Any person who makes application for a permit. APPURTENANCES: Miscellaneous concrete surfaces within the public way, such as parking bays and carriage walks. BUSINESS: 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. CITY: Salt Lake City Corporation. CITY ENGINEER: The city engineer, or his/her authorized representative. COMPETITIVE UTILITY PROVIDER: Each person who provides public utility services within the city in competition with one or more persons providing the same or similar services. DEFECTIVE CONCRETE: The existence of any of the following conditions within the public way: A. The displacement of sidewalk, curb, gutter and driveway approach sections or appurtenances either horizontally or vertically to a point that one section or any part of a section is separated by at least one-half inch (1/2") from the other; or B. The presence of a minimum of three (3) cracks of any length or width between score marks and/or expansion joints in any sidewalk, curb, gutter and drive approach sections or appurtenances; or C. The presence of spalling over more than twenty five percent (25%) of the surface area of any sidewalk, curb, gutter and drive approach sections or appurtenances; or D. The existence of settling, spalling or depressions in a sidewalk, curb, gutter and drive approaches or appurtenances, which allow water to become entrapped or cause ice pockets; or E. The existence of similar signs of deterioration in sections of sidewalk, curb, gutter and drive approaches or appurtenances contiguous to sections which are in a condition as defined in subsections A through D of this definition 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. A drawing illustrative of the foregoing is adopted as part of this chapter. Three (3) 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. EMERGENCY: 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. ENGINEERING REGULATIONS, CONSTRUCTION SPECIFICATIONS, AND DESIGN STANDARDS: The latest version of the engineering regulations, or standard specifications and details for municipal construction published by the city engineer. FACILITY OR FACILITIES: Any wires, lines, cables, coaxial cables, conduit, manholes, ducts, pipelines, tunnels, vaults, ditches, tracks, poles, antennas, transceivers, amplifiers, switches, electronic devices, structures or other improvements of any kind or nature, whether fixed or movable. FAILURE: 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 includes settlement of surfaces, deterioration of materials, and other surface irregularities. Measurement of failure shall be further defined in the engineering regulations. IN ONE OWNERSHIP: Ownership of two (2) or more lots or tracts of land by the same person, even though such person may own such lots or tracts of land jointly with dissimilar persons. MAJOR WORK: Any reasonably foreseeable work in the public way that will: a) affect the public way for more than ten (10) calendar days, b) involve a street cut of more than one hundred feet (100') in length, or c) involve a street cut of more than two hundred (200) square feet. MULTIPLE DWELLING UNITS: Four (4) 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 (2) or more lots or tracts of land which are connecting and in one ownership. NEW STREET: Any street which has been constructed or reconstructed within the two (2) year period immediately preceding the date of determination, which construction or reconstruction shall consist of the construction of new subbase, or the reworking of existing pavement subbase, and the application of new surfacing, or the additions of at least three inches (3") of new pavement surfacing overlay. OBSTRUCTION: Anything that obstructs the free use of the public way, including construction barricades, sidewalk canopies, containers, construction materials or equipment, or other object, thing, or substance that may interfere with or obstruct the free use of the public way by travelers, or that may cause or tend to cause such public way to become restricted in its intended uses or unsafe or dangerous for travelers thereon. OWNER: Any person, including the city, owning any facility or facilities that are, or are proposed to be installed or maintained in the public way. PERMIT: A permit issued under this chapter for construction, excavation or other work in, or obstruction of, the public way. PERMITTEE: Any person who has been issued a permit and has agreed to fulfill the requirements of this chapter. PERSON: Means and includes any natural person, partnership, firm, association, public utility company, corporation, company, organization, or entity of any kind. PIPE DRIVEWAY: A driveway approach which uses a pipe or other means to bridge the gutter. PROPERTY OWNER: Person or persons having 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. PUBLIC UTILITY COMPANY: Any company providing gas, electricity, water, telephone, or other utility product or services for use by the general public, whether or not such company is subject to the jurisdiction of the public service commission, and whether or not such utility product or services are generally available throughout the city, or are available only within a limited portion of the city. PUBLIC WAY: Means and includes all public rights of way and easements, pathways, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways including the surface, subsurface and above surface space, now or hereafter existing as such within the city. It does not, however, include utility easements not within public ways of the city. PUBLIC WAY ORDINANCE: Any city ordinances or combination of ordinances governing use of the public right of way. 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. RESIDENCES: Buildings or dwellings comprising not more than three (3) 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. RESIDENT: The person or persons currently making their home at a particular dwelling. RESURFACED STREET: Any street which has, within a two (2) year period immediately preceding the date of determination, received a bituminous pavement overlay application of between one and three inches (3") of thickness. SECTION: A portion of the concrete which is set apart by expansion joints and/or construction joints. TELECOMMUNICATION FACILITIES: All equipment and personal property used in connection with the provision of telecommunication services either within or outside of the city, including, without limitation, all conduits, wiring, cables, fiber optic cables, switches, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment and related appurtenances. TEMPORARY STRUCTURE: 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. TRAFFIC BARRICADE MANUAL: The manual on proper barricading and traffic control practices, published by the transportation engineer. TRANSPORTATION ENGINEER: The city transportation engineer or his/her authorized representative. USE PERMIT: Any writing from the city authorizing a user to use any portion of the public way, including, without limitation, any franchise agreement, lease, permit, license or easement. USER: Any person which uses or proposes to use the public way, or any facilities located wholly or partially within the public way, for any purpose, other than as a member of the general public, all as more particularly described in the public way ordinance. WORK IN THE PUBLIC WAY: Means and includes all activity which involves the physical occupancy or other obstruction of the public way. WORK SITE RESTORATION: Means and includes the restoration 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 acceptable condition following the conclusion of the work, or the expiration or revocation of the permit. (Ord. 30-21, 2021: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.020 ORDERS, RULES AND REGULATIONS

14.32.020: ORDERS, RULES AND REGULATIONS: In addition to the requirements set forth in this chapter, the City Engineer may adopt such orders, rules and regulations which are reasonably necessary to accomplish the purposes of this chapter and are consistent herewith. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.025 PERMIT REQUIRED; PERSONS ELIGIBLE FOR PERMIT

14.32.025: PERMIT REQUIRED; PERSONS ELIGIBLE FOR PERMIT: A. Any person desiring to perform any work of any kind in the public way shall first apply for and obtain a permit for such work. It is unlawful for any person to commence work in 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. B. No person shall be eligible to apply for or receive a permit, save and except the following: 1. Contractors licensed by the State as general contractors; 2. Public utility companies; 3. The City; 4. Residents installing, replacing, or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the City Engineer, upon a portion of the public way adjacent to their residence; 5. Persons performing work which requires the use and occupation of the public way, such as the construction of scaffolding, the staging of cranes, the installation or maintenance of electric signs, glass, awnings, and painting or cleaning of buildings or sign boards or other structures. C. It is lawful for a City, County, or State employee to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor. D. A permit is not required for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, conformance to all City specifications is required. E. Permits pertaining to emergency work are addressed in section 14.32.100 of this chapter. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.030 PERMIT APPLICATION REQUIREMENTS

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 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. (Ord. 11-22, 2022: Ord. 42-18, 2018)

Salt Lake City Code § 14.32.035 PERMIT APPLICATION APPROVAL CRITERIA

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 (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. (Ord. 11-22, 2022: Ord. 6-01 § 3, 2001: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.036 NOTICE REQUIREMENTS

14.32.036: NOTICE REQUIREMENTS: 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. A. "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). 1. 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. 2. 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. 3. With respect to proposed work located above ground, notice shall be delivered to the adjacent properties on both sides of the public way. 4. Notice shall be provided to every adjacent property contiguous to the work location, regardless of whether the work is below ground or above ground. B. The notice shall meet the following requirements: 1. Notice shall be given by either: a. 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 b. 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. c. 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. 2. Each notice shall contain the name of the permit applicant and a local contact phone number and email address for the permit applicant. 3. 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. C. 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. D. No notice shall be required in the following situations: 1. Any work where a permit is not required. 2. Emergency situations. 3. Certain maintenance type activities where the street remains passable and unrestricted, such as snow plowing, street sweeping, street patching activities, and pothole repairs. 4. Replacement work where the work is replacing like for like (example: replacing a section of sidewalk with the same width sidewalk). 5. Placement of a dumpster, POD, or other obstruction for less than eight (8) days. (Ord. 11-22, 2022)

Salt Lake City Code § 14.32.040 COMPLETION DATE FOR WORK

14.32.040: COMPLETION DATE FOR WORK: A. Work shall be completed within thirty (30) days from the starting date, or within such shorter period as shall be directed by the city engineer. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following: 1. The scope of work to be performed under the permit; 2. Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work; 3. Protecting the existing improvements to the public way impacted by the work; 4. The season of the year during which the work is to be performed as well as the current weather and its impact on public safety and the use of the public way by the public; 5. Use of the public way for extraordinary events anticipated by the city. The city engineer shall be notified by the permittee of commencement of the work within twenty four (24) hours prior to commencing work. The permit shall be valid for the time period specified in the permit. B. If the work is not completed during such period, the permittee may apply to the city engineer for an additional permit or an extension, which may be granted by the city engineer for good cause shown and upon compensating the city for any damages associated with such delay. C. The length of the extension requested by the permittee shall be subject to the approval of the city engineer. No extension shall be made that allows work to be completed between November 16 of each year through March 31 of the following year, without payment of winter fees. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.045 PERMIT; NO TRANSFER OR ASSIGNMENT

14.32.045: PERMIT; NO TRANSFER OR ASSIGNMENT: Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than as 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 and, in the case of a permit issued in the name of a general contractor, the person for whom work is being performed by such general contractor, 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. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.050 OWNER AND APPLICANT BOTH RESPONSIBLE

14.32.050: OWNER AND APPLICANT BOTH RESPONSIBLE: The terms and provisions of the permit, the terms and provisions of this chapter, and the terms and provisions of any applicable orders, rules and regulations, shall be binding upon and applicable to both: a) the applicant, and b) in the case of an applicant who is not also the owner, the owner on whose behalf the applicant is acting. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.055 PERMIT CONSTITUTES AGREEMENT

14.32.055: PERMIT CONSTITUTES AGREEMENT: The acceptance of any permit shall constitute such an agreement by the permittee to comply with all of the terms, conditions and requirements of this chapter. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.060 LIABILITY AND INDEMNIFICATION

14.32.060: LIABILITY AND INDEMNIFICATION: Each permit, except one obtained for work involving the city, shall incorporate by reference and require the permittee and the owner to comply with the liability and indemnity provisions set forth below in this section. A. Responsibility Of Owner And Permittee: Each owner and permittee is wholly responsible for the quality of the work performed in the public way and both the owner and permittee are jointly responsible for all consequences of any condition of such work and any facilities installed in the public way. The issuance of any permit, the performance of any inspection or repair, the making of any suggestion, the issuance of any approval, or the acquiescence of any person affiliated with the office of the city engineer shall not excuse any owner or permittee from such responsibility or liability. B. Indemnification, Defense, And Hold Harmless: 1. Each owner and permittee shall agree on its behalf and that of any successor or assign to indemnify, defend, protect, and hold harmless the city, including, without limitation, each of its officers, agents, and employees, from and against any and all actions, claims, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorney fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from: a. Any act or omission by, or negligence of, the owner or the permittee or its subcontractors, or the officers, agents, or employees of either, while engaged in the performance of the work authorized by the permit, or while in or about the property subject to the permit for any reason connected in any way whatsoever with the performance of the work authorized by the permit, or allegedly resulting directly or indirectly from the maintenance or installation of any equipment, facility, facilities or structures authorized under the permit, including, without limitation, injuries relating to falling objects or failure to maintain proper barricades and/or lights as required; b. Any accident, damage, death or injury to any contractor or subcontractor, or any officer, agent, or employee of either of them, while engaged in the performance of the work authorized by the permit, or while in or about the property for any reason connected with the performance of the work authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by the permit, including, without limitation, injuries relating to falling objects or failure to maintain proper barricades and/or lights as required; c. Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property or goodwill in, upon, or in any way allegedly connected with the work authorized by the permit from any cause or claims arising at any time, including, without limitation, injuries relating to falling objects or failure to maintain proper barricades and/or lights as required; and d. Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the work site subject to the permit or the environment. As used herein, "hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" when used with respect to hazardous materials shall include any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring, or spilling. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.065 INSURANCE

14.32.065: INSURANCE: A. Each owner or permittee shall maintain in full force and effect, throughout the term of the permit, an insurance policy or policies issued by an insurance company or companies authorized to do business in the state and rated either: 1) "A-", or better, or 2) listed in the U.S. treasury department's then current listing of approved sureties by A.M. Best Company at the time the permit is issued. Policy or policies shall afford insurance covering all operations, vehicles, and employees, as follows: 1. Workers' compensation insurance and employers' liability insurance providing statutory benefits. 2. Commercial general liability insurance with limits not less than two hundred fifty thousand dollars ($250,000.00) each occurrence combined single limit for bodily injury and property damage, including contractual liability; personal injury; explosion, collapse, and underground (xcu); products; and completed operations. 3. Business automobile liability insurance with limits not less than two hundred fifty thousand dollars ($250,000.00) each occurrence combined single limit for bodily injury and property damage, including owned, nonowned, and hired auto coverage, as applicable; Notwithstanding the minimum insurance limits set forth above, insurance limits shall not be less than the then applicable statutory governmental immunity limit. The city engineer, with the concurrence of the city attorney, may increase the minimum insurance limits as to any permit as the best interests of the city may dictate, based on a balancing of the risks and benefits. B. Said policy or policies shall include the city and its officers and employees jointly and severally as additional insureds (except for workers' compensation insurance), shall apply as primary insurance, shall stipulate that no other insurance affecting the city will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. Said policy or policies shall be endorsed to provide thirty (30) calendar days' advance written notice of cancellation or any material change to the city engineer. C. Should any of the required insurance be provided under a claims made form, the insured owner or permittee shall maintain such coverage continuously throughout the term of the permit, and without lapse, for a period of three (3) years beyond the expiration or termination of the permit, to the effect that, should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims made policies. D. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified above in subsection A of this section. E. Such insurance shall in no way relieve or decrease permittee's and owner's obligation to indemnify the city under subsection 14.32.060B of this chapter or any other provision of this chapter. F. Certificates of insurance, in the form satisfactory to the city engineer, evidencing all coverages above, shall be furnished to or maintained on file with the city engineer before issuance of a permit, with complete copies of policies furnished promptly upon the city engineer's request. G. A property owner performing work adjacent to his/her residence may submit proof of a homeowner's insurance policy in lieu of the insurance requirements of this section. H. 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 chapter, 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. I. The city engineer, with the concurrence of the city attorney, may modify the insurance requirements set forth above as they pertain to a particular permit, as the best interests of the city may dictate, based on a balancing of the risks and benefits. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.070 BOND; REQUIRED WHEN

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. (Ord. 46-01 § 1, 2001: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.075 BOND; CONDITIONS; TERM

14.32.075: BOND; CONDITIONS; TERM: A. The bond required by section 14.32.070 of this chapter 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. (Ord. 46-01 § 2, 2001: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.080 COORDINATION OF WORK WITHIN THE PUBLIC WAY

14.32.080: COORDINATION OF WORK WITHIN THE PUBLIC WAY: A. The city engineer shall, on or prior to October 1 of each year, publish in a newspaper of general circulation within the city, and mail to all persons who have made written request to the city engineer therefor, a schedule identifying the location and anticipated start date and completion date of all street construction or reconstruction and overlays constituting major work, anticipated to be performed within the city during the three (3) year period beginning on the next succeeding January 1. Such schedule shall be updated quarterly and shall be available for inspection at the office of the city engineer. B. Each user and prospective user shall provide to the city engineer, on or before November 1 of each calendar year, on a form approved by the city engineer, a construction schedule which identifies, in reasonable detail, the location, and anticipated start date and completion date, of all anticipated major work to be conducted within the public way during the three (3) year period beginning on the next succeeding January 1. Failure of a user to identify work in the construction schedule shall not of itself preclude the issuance of a permit for such work; provided, however, that the city engineer may deny the permit until the proposed work can be considered by the city engineer in connection with the imposition of excavation restrictions and the publication of notice thereof pursuant to subsection 14.32.085C of this chapter. C. Any requests to maintain the confidentiality of information submitted pursuant to subsection B of this section shall be considered by the city in accordance with the provisions of the Utah governmental immunity act, title 63, chapter 30, Utah Code Annotated, or any successor provisions. It shall be the general policy of the city engineer to disclose information in order to facilitate coordination among users and avoid unnecessary or prolonged excavation of city streets. D. The city engineer shall use the information provided pursuant to subsection B of this section to coordinate construction activities in the public way, to identify conflicts and opportunities for coordination, and to determine the nature and scope of any excavation restrictions to be imposed for affected portions of the public way. The city engineer may, in his discretion, and for the purpose of realizing the objectives set forth in section 14.32.010 of this chapter: 1) schedule work in the public way in the order in which applications are filed, and without regard to other work in the public way; 2) either delay or accelerate the commencement date of certain work so that such work is performed simultaneously; or 3) either delay or accelerate the commencement date of certain work so that such work is performed in sequence, or is separated by a reasonable period of time. E. Each applicant shall use the information available pursuant to subsections A and B of this section, or otherwise, to coordinate, in good faith, its proposed work in the public way with work proposed by the city or other users. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.085 EXCAVATION RESTRICTIONS

14.32.085: EXCAVATION RESTRICTIONS: A. The city engineer shall, from time to time, impose excavation restrictions on portions of the public way, as provided in subsection B of this section. Except as provided in section 14.32.090 of this chapter, the city engineer shall not issue a permit for any portion of the public way subject to an excavation restriction, contrary to the terms of such restriction. B. 1. Excavation restrictions shall be imposed by the city engineer for seven (7) years following the completion of new streets, and for three (3) years following the resurfacing of streets. 2. Following the completion of any work in the public way pursuant to a permit, the city engineer shall impose excavation restrictions of five (5) years either: a) solely on the owner performing such work, or b) on such owner and on such other prospective permittee or class of permittees as the city engineer shall determine. 3. Excavation restrictions shall be imposed by the city engineer on any portion of the public way for so long as excess capacity exists in such portion of the public way. 4. The excavation restrictions imposed by the city engineer may be either limited or comprehensive in scope. For example, a limited restriction on excavation for construction of telecommunication lines shall not preclude excavations for gas utility lines. A comprehensive restriction shall restrict all activity in the affected portion of the public way, except as otherwise provided in this chapter. In addition, the categories identified in subsections B1 through B3 of this section are not mutually exclusive. For example, the city engineer may impose a comprehensive three (3) year restriction on a resurfaced street, and at the same time a limited five (5) year restriction on electric utility facilities for the same street, if electric utility facilities were installed at the time of the street resurfacing. 5. The nature, scope and duration of the restriction shall be consistent with the terms described in the notice provided for in subsection C of this section. 6. The nature, scope and duration of each excavation restriction shall be evidenced in writing, which writing shall be maintained in the files of the City Engineer, and shall be available for inspection during regular business hours at the Office of the City Engineer. 7. Before performing directional boring or other excavation in the public way, an excavator must do the following with respect to every sewer and water lateral and storm drain that is located within the length of the proposed excavation site when the proposed excavation is more than twenty four inches (24") deep: a) locate each lateral and drain, either by a nondestructive sensing method or by potholing, and b) physically mark the location of each lateral and drain. This section shall not affect an excavator's liability for damage to a sewer or water lateral or storm drain in connection with a boring or excavation operation. C. The City Engineer shall publish, or cause to be published, on or before December 31 of each year, a notice advertising his/her intent to impose excavation restrictions relating to portions of the public way which will be under construction during the next succeeding calendar year. The notice shall be published at least once each week for three (3) consecutive weeks in a newspaper of general circulation within the City, which is used by the City for the publication of legal notices; provided that the first publication shall be on or before December 31. In addition, such notice shall be mailed by the City Engineer to each person which has made written request therefor. Such notice shall describe: 1) the nature of the project giving rise to the restriction; 2) the portion of the public way affected by the restriction; 3) the effective date of the restriction; 4) the duration of the restriction; and 5) the nature of the restriction. The notice shall invite all potential users to whom the restriction will apply to participate in the project in the manner described by the City Engineer, which may include: 1) locating facilities in the same trench as an applicant, 2) sharing the cost of joint facilities with such applicant, 3) collocating facilities within a common conduit, 4) entering into lease arrangements with the applicant for use of facilities, 5) constructing separate facilities in the project area within the same time frame, 6) otherwise cooperating in a manner mutually agreeable to such users or 7) participating in the project in such manner as the City Engineer determines shall be in the best interests of the City. All collocations shall comply with applicable Building and Safety Codes or requirements. Such notice shall further provide that all interested users must file a permit application with the City Engineer not later than six (6) weeks prior to the estimated date of commencement of construction of the proposed project. Nothing herein shall require the City Engineer to publish notice of an excavation restriction which applies to only one user, provided that written notice of such excavation restriction is mailed or otherwise provided to such user. (Ord. 74-18, 2018: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.090 EXCEPTIONS TO EXCAVATION RESTRICTIONS

14.32.090: EXCEPTIONS TO EXCAVATION RESTRICTIONS: The City Engineer shall temporarily or permanently suspend an excavation restriction for any of the following reasons: A. To permit work to be performed by the City; B. To permit emergency repair work, or, in the discretion of the City Engineer, work which could not reasonably have been anticipated by the applicant at the time of publication of the notice described in subsection 14.32.085C of this chapter; C. Excess capacity no longer exists in the restricted portion of the public way; D. To permit the installation of service laterals, the need for which could not have been reasonably anticipated at the time of publication of the notice described in subsection 14.32.085C of this chapter; or E. Suspension of the restriction is otherwise in the City's best interest. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.095 EXCESS CAPACITY

14.32.095: EXCESS CAPACITY: Each competitive utility provider applicant shall, as a condition of the permit: a) demonstrate to the City that the facilities proposed to be installed are reasonably anticipated to provide sufficient capacity to satisfy the needs of such applicant for a minimum of five (5) years following installation, and b) install additional facilities designed to provide double the capacity indicated in item a in this section, or such lesser or greater additional capacity as shall reasonably be required by the City Engineer. By way of example, and without limiting the generality of the foregoing, an applicant proposing to install one "quad" conduit shall install two (2) quad conduit. Such excess capacity shall be owned by the applicant, but shall be leased or otherwise made available to other users pursuant to the City's public way ordinance. The City Engineer may waive this requirement if, in the judgment of the City Engineer, the requirement will have the effect of precluding a less intrusive alternative. For example, a user proposing to bore under the public way may be relieved of this requirement if a surface cut would be required to install excess capacity. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.100 EMERGENCY WORK

14.32.100: EMERGENCY WORK: A. Any person maintaining pipes, lines or other facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided, a permit could not reasonably and practicably have been obtained beforehand. B. In the event that emergency work is commenced on or within any public way of the City during regular business hours, the City engineer shall be notified within one-half (1/2) hour from the time the work is commenced. 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 ensure that work is accomplished according to the engineering regulations, the "Manual On Uniform Traffic Control Devices", the Salt Lake City traffic barricade manual, and other applicable laws, regulations and generally accepted industry practices. C. Any person commencing emergency work in the public way during nonbusiness 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 commenced, and a permit may be issued which shall be retroactive to the date when the work has begun, at the discretion of the city engineer. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.105 COMPLIANCE WITH SPECIFICATIONS, STANDARDS AND TRAFFIC CONTROL REGULATIONS

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. (Ord. 46-01 § 3, 2001: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.110 JOB SITE PERMITTEE IDENTIFICATION

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. (Ord. 46-01 § 4, 2001: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.115 PARKING METER REMOVAL OR OCCUPATION

14.32.115: PARKING METER REMOVAL OR OCCUPATION: 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 section 14.12.130 of this title, or its successor. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.120 STATE HIGHWAY PERMITS

14.32.120: 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, 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 city 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. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.125 RELOCATION OF STRUCTURES IN PUBLIC WAYS

14.32.125: RELOCATION 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. Sewers, pipes, drains, tunnels, conduit, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney fees, and all costs of construction delays caused by such person's failure to promptly relocate facilities. 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 city 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 title 12, chapter 12.96 of this 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 or interferes with public or private 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 directive of the city engineer under this section shall be under and consistent with the city's police power. Unless an emergency condition exists, the city engineer shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the public way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize cost associated with the required removal or relocation. D. This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right. E. 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. F. The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of facilities and appurtenances on, over or under the public way, in which event the city shall not be liable therefor to any person. The city shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.130 IMPACT OF EXCAVATION ON EXISTING IMPROVEMENTS

14.32.130: IMPACT OF EXCAVATION ON EXISTING IMPROVEMENTS: A. If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with city standards for such. B. 1. At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work. 2. The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the city, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment. C. Examples of types of acts specifically included in this section are the following: 1. Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee; 2. Installation or removal of equipment or other appurtenances of the permittee's facilities within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee; 3. Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or 4. Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable). D. 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 director of the city's department of public utilities prior to the blockage of the channel. E. The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit. F. The requirements of this section shall not apply to the removal by a permittee, of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.135 RESTORATION OF PUBLIC PROPERTY

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 twenty four inches (24") on each side of the trench for trenches less than forty two inches (42") deep, and a minimum distance of thirty six inches (36") on each side of the trench for trenches deeper than forty two inches (42"); 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 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. (Ord. 46-01 § 5, 2001: Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.140 REPAIR AND MAINTENANCE OBLIGATION OF PERMITTEE

14.32.140: REPAIR AND MAINTENANCE OBLIGATION OF PERMITTEE: Each owner and permittee that causes work to be performed in the public way shall be responsible to maintain, repair, or reconstruct the site of the work so as to maintain a condition acceptable to the city engineer until such time as the public way is reconstructed, repaved, or resurfaced. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.145 TAMPERING WITH TRAFFIC BARRICADES

14.32.145: TAMPERING 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. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.150 CONFLICT WITH GOVERNING PROVISIONS

14.32.150: CONFLICT WITH GOVERNING PROVISIONS: Should there be a conflict between the provisions of this chapter and the provisions of any other ordinance, agreement, franchise, or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply. (Ord. 70-99 § 1, 1999)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-54646Fetched: 11/1/2026