A. The city engineer shall propose for adoption by the city council regulations, design standards, construction specifications, and traffic control regulations for all work performed in the "public way", as defined under section 7-5-1 of this title.
1. The city engineer may adopt additional or different standards for work within the public way for construction projects undertaken by the city or by a contractor hired by the city.
2. The city engineer shall implement reasonable inspection and testing procedures to ensure compliance with the regulations, standards and specifications adopted by the city council.
B. All work performed in the public way shall conform to the requirements of the following codes:
1. The engineering regulations, design standards, construction specifications and traffic control regulations adopted pursuant to subsection A;
2. The current edition of the American Public Works Association (APWA) Manual of Standard Specifications and Plans;
3. The American Water Works Associations (AWWA) Manuals of Practice and Standards;
4. The 2011 Manual on Uniform Traffic Control Devices (MUTCD) with all items and addendums as adopted by the State of Utah.
C. When there are practical difficulties involved in carrying out the provisions of this title or of adopted engineering regulations, the city engineer may grant a variance to a standard adopted in this title or in the adopted engineering regulations and the permit file shall be updated to include the variance and the reason for the variance.
1. A variance may be granted only if the permittee demonstrates to the satisfaction of the city engineer, or the city engineer's designee, all of the following criteria:
a. The granting of such variance complies with the intent and purpose of this title or the adopted engineering regulations and will not be materially detrimental to the public welfare or injurious or create adverse impacts to adjoining property or other property and improvements in the vicinity;
b. The proposed method or procedure produces a compensating or comparable result which is in the public interest; and
c. The proposed method or procedure, based upon sound engineering judgment, meets the objectives of safety, function and maintainability as would be achieved under the regulations of this title or the adopted engineering regulations.
2. Any proposed variance from road standards which does not comply with the current fire code, as adopted by title 16, chapter 2 of this code, or its successor provisions, may not be granted without the concurrence of the fire marshal.
3. Maintenance considerations shall be included in the design for a variance, and future costs shall not be excessive or shall be borne and reliably performed by the permittee or requesting property owner.
4. A variance granted under this section shall not constitute a grant of special privilege inconsistent with the limitation upon uses of, or standards associated with, other properties in the vicinity and in the zone in which the work is being done.
5. If a variance includes deferring any work associated with property outside of the public way or imposing maintenance obligations on the adjoining property, a deferral or other agreement shall be executed with the property owner and recorded against the property.
6. A permittee may appeal a decision allowing or denying a variance to the public services director within ten (10) days after the permittee is notified of the decision.
D. Whenever the following terms are used in the APWA Manual of Standard Specifications and Standard Plans, or in the provisions of this chapter, they shall have the following meanings:
CONTRACTOR: | The person, firm, or corporation named as such in the permit or other agreement within the city. |
ENGINEER: | The duly appointed city engineer of the city, or the city engineer's duly authorized representative. |
OWNER: | The public body or authority, corporation, association or firm with whom the contractor has entered into an agreement or been permitted by to perform work within the area identified. |
(Ord. 2015-34, 7-7-2015; amd. Ord. 2020-46, 9-15-2020)