DAR File No. 29456

Transportation, Operations, Maintenance

R918-2

Widening Pavement to Curb and Gutter

NOTICE OF PROPOSED RULE

DAR File No.: 29456
Filed: 01/29/2007, 12:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

When examining the rule for renewal, it appeared that the document did not need to be an administrative rule since it only affects matters of department design and construction and does not affect citizens nor is the rule required by any statute.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Section 63-46a-1

Anticipated cost or savings to:

the state budget:

There should be no change in budget. The department will maintain the design and construction standards set forth in this rule.

local governments:

There should be no change in budget. The department will maintain the design and construction standards set forth in this rule.

other persons:

There should be no change in budget. The department will maintain the design and construction standards set forth in this rule.

Compliance costs for affected persons:

This does not affect third parties.

Comments by the department head on the fiscal impact the rule may have on businesses:

There should be no change in budget. The department will maintain the design and construction standards set forth in this rule. John R. Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Operations, Maintenance
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/19/2007

This rule may become effective on:

03/26/2007

Authorized by:

John R. Njord, Executive Director

R918. Transportation, Operations, Maintenance.

[R918-2. Widening Pavement to Curb and Gutter.

R918-2-1. Length.

Each project for widening the pavement of state highways from the edge of the existing pavement to the edge of the curb and gutter must have a length of 500 continuous feet or more.

 

R918-2-2. Exception.

Exceptions to the minimum length may be approved on an individual basis by the region director. In the event that a continuous length of less than 500 feet is submitted for review and approval, the following factors shall be considered in deciding if the request is in the public interest:

A. The length of curb and gutter is an extension to an already widened section that extends an existing section controlled by curb and gutter.

B. The proposed section meets all the criteria listed in R918-2-3.

C. The proposed section is not isolated and is a part of an existing planned widening of the street.

D. The expenditure for widening will promote an immediate public benefit other than an incremental part of an eventual widening that is not on any fixed time schedule.

E. The amount of widening is large enough to be economically feasible in the use of equipment, materials, and manpower.

 

R918-2-3. Criteria.

If the following criteria are met, the UDOT may authorize and pay for the widening of the pavement from the edge of the existing pavement to the edge of the curb and gutter, provided funds are available.

A. New curb and gutter will be installed by others in accordance with specifications established by the local government and approved by the UDOT. A permit issued by the UDOT prior to commencement of construction is required.

B. New curb and gutter must maintain continuity of drainage with existing or planned drainage facilities and include all necessary drop inlets, storm drains, storm drain connections, driveway approaches, handicap ramps, and any other necessary appertaining features.

C. Utility adjustment, relocation, and removal where necessary, will be required in accordance with UDOT rules.

D. If private right-of-way is required for the new curb, gutter, and sidewalk, a right-of-way of sufficient width to accommodate roadside features must be provided by others at no cost to UDOT.

E. Work performed by others within the existing right-of-way will be subject to permit fees and bonding requirements as described in Utah Department of Transportation Policy 08A6-2, Accommodation of Utilities on Highway Right-of-Way.

F. Untreated base course of a predetermined design thickness in place shall also be required of the project sponsor.

 

R918-2-4. Authority.

Authorization for widening projects may be granted when the criteria are met in accordance with Section 72-1-205.

 

KEY: drainage, highway construction

Date of Enactment or Last Substantive Amendment: August 19, 2002

Authorizing, and Implemented or Interpreted Law: 72-201; 72-1-205; 72-1-208; 72-1-303]