(A) There is hereby adopted by the City Council that certain manual entitled Brigham City Public Works Standards, most current edition, containing certain minimum standards for the construction of streets, culinary water lines, storm sewers, sanitary sewers, street intersections, street designs, details for construction of curb and gutter, sidewalks, driveways from public streets, details for private connections to public sewer and water systems and related matters, not less than one copy of which have been and are now filed in the office of the City Recorder. Any amendments, modifications, supplements or later editions of said manual shall constitute the manual then in effect under this subchapter; provided, however, that, before any later editions shall take effect, the City Council, by resolution, shall certify that the later editions are available and one copy of all amendments, modifications, supplements or later editions shall be filed for examination and use by the public in the office of the City Recorder.
(B) Whenever, in the opinion of the city’s Director of Public Works, the City Engineer or the Supervisor or Manager having jurisdiction, a literal enforcement of these standards may work an undue hardship or a literal enforcement may be unnecessary to meet the goals and standards of the city, the city may modify these standards and specifications. Modifications may be granted when there are practical difficulties involving carrying out the provisions of the manual and a panel consisting of the City Engineer, Director of Public Works and Supervisor or Manager having jurisdiction over that section, determine that a granting of a modification for an individual case will meet the goals and requirements of the city without unduly jeopardizing the public and the individual’s interest. The Supervisor or Manager having jurisdiction shall first receive an application for modification to the standards of an interested party. Upon receipt of the application the panel shall find that a special individual reason makes the strict letter of the standard and practical, and shall find the modification is in conformance with the intent and purpose of the standards and shall find that such modification does not in any way lessen the integrity of the standards. When such findings of fact are made, the panel may grant such modification as it deems appropriate. The details of an action granted as modification by this panel shall be recorded and entered in the files of the Public Works office, with these specific reasons for the granting of said modification.
(Prior Code, § 24.01.060) (Ord. 03-48, passed 12-18-2003; Ord. 22-03, passed 3-3-2022)