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)