Chapter 12.08 PUBLIC WORKS CONSTRUCTION

The construction manual for municipal public works construction prepared by the Washington State Department of Transportation, the Washington State Chapter of American Public Works Association, 2000 Standard Specifications for Road, Bridge, and Municipal Construction, with amendments or additions thereto, and/or revisions subsequently adopted is hereby designated as the public works construction ordinance of the city, in full, by reference, as provided by law; provided, that not less than one copy of such compilation and amendments and additions thereto, adopted by reference, shall be filed for use and examination by the public, in the office of the clerk-treasurer. (Ord. 03-626 § 1, 2003; Ord. 219 § 1, 1974)

12.08.015 Standard specifications and drawings.

The city council may by resolution adopt standard specifications and drawings for implementation of construction design standards as empowered by the construction manual adopted by AMC 12.08.010. (Ord. 03-626 § 2, 2003)

12.08.020 Purpose.

It is the purpose of this chapter to require uniform development and construction and/or alteration of street, curbs, sidewalks, alleys, storm drains and all other like public improvements within the city. It shall not alter or affect those improvements presently in existence. In the event, however, any of such presently constructed improvements are to be altered, modified, improved or changed then such alteration, modification, improvement or change shall be done in accordance with the provisions of this chapter. For state law authorizing the construction and maintenance of street, sidewalks, alleys and other public highways and places, see RCW 35.24.290(3). For state law empowering cities to regulate the use of sidewalks within their limits, see RCW 35.21.220, 35.68.075; see also Chapters 35.68, 35.69 and 35.70 RCW. (Ord. 232 § 1.020, 1975)

12.08.030 Definitions.

A. Generally. Except where specifically defined in this section, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future and the plural includes the singular. “Shall” is always mandatory; “may” denotes a use of discretion in making a decision.

“Alley” means a street within the ordinary meaning of “alley” not designated for general travel and primarily used as a means of access to the rear of residences and business establishments, that is not a driveway.

“Apron” means that portion of the driveway approach extending from the gutter flowline to the sidewalk section and lying between the end slopes of the driveway approach.

“City” means the city of Asotin and its appointed or elected officials.

“Contractor” means any person, firm or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any alley, street, sidewalk, easement or any other public rights-of-way; “contractor” also includes any public utility, natural gas company, or telephone company operating within the city by virtue of franchises or permit granted them by the city.

“Curb cut” means a depressed section of the curb at the street termination of the driveway approach.

“Driveway” means a strip of land which serves or is intended to serve as a primary means of access from a public right-of-way adjacent to a lot or parcel to the interior of that one lot or parcel, and which serves or is intended to serve a maximum of two dwelling units. An accessway intended to serve more than one lot or parcel is not a driveway.

“Driveway approach” means an area of construction or improvement between the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door. It shall be at least 15 feet wide, intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or the curb return and the sidewalk section.

“End slope” means that portion of the driveway approach which provides a transition from the normal curb and sidewalk elevation to the grade of the apron, either by means of a sloping surface or by means of a curb return together with the area between the projected tangents of the curb return.

“Permittee” means the person, firm or corporation who is applying for a permit or to whom a permit has been issued for an improvement within the town.

“Property owner” means the person, firm or corporation who has legal title to the property on which the improvement fronts or is being made and includes his legal agents.

“Sidewalk” means any thoroughfare, the primary function of which is to serve pedestrian traffic.

“Sidewalk section” means that portion of the driveway approach lying between the back edge of the sidewalk and the apron, plus the end slopes measured at the front edge of the sidewalk.

“Specifications” means the specifications and plans set forth in the Standard Specifications for Municipal Works Construction, dated 1996, published by the Washington State Chapter of American Public Works Association and as subsequently amended, which shall prevail for any construction, alteration, street cuts or obstruction within the city except as may be amended hereafter or by direction of the city council acting within the scope of its authority.

“Standard Specifications” means the standard specification for the Municipal Public Works Construction, prepared by the Washington State Public Works Association, dated 1971, and modifications or amendments thereto.

“Street” means every way, lane, road, street, boulevard, and every way or place in the city open as a matter of right to public vehicular travel which is not an alley or a driveway. (Ord. 96-519 § 1, 1996; Ord. 232 § 1.030, 1975)

Article II. Permits

12.08.040 Required.

A. It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine, obstruct, construct or disturb any public or private street, alley, driveway, sidewalk, highway, thoroughfare, other public place or public easement, any article, material or thing whatsoever tending to obstruct, or disturb, without first having obtained a construction permit therefor. In the event it is necessary to dig, excavate, tunnel, undermine or in any manner enter the street right-of-way in making a sewer hook-up, a construction permit will be required under this chapter and such work can only be done by a bonded contractor.

B. Failure to obtain a construction permit prior to commencing work shall be deemed a violation of this chapter and shall be cause for the clerk-treasurer to issue a stop work order until an application for the permit has been received and a permit issued. A 50 percent penalty may be added to the cost of such late permit. (Ord. 96-519 § 2, 1996; Ord. 232 § 1.151, 1975)

12.08.050 Sidewalks.

Whenever a building permit is applied for, for a commercial structure in excess of $3,500 within the city, the person seeking such commercial structure shall also make application for a permit as provided for under this chapter for the construction of sidewalks and as a portion of such construction, there shall be built sidewalks and curbs on all sides of such property that may adjoin a street, in conformance with this chapter, and such sidewalks and curbs shall extend the full distance that such property is sought to be occupied as a building site or parking area for commercial construction and may adjoin property dedicated as public street. It is contemplated that the sidewalk and curbs will be constructed as part of the basic improvement, if not so constructed work must be completed within 30 days after written notice by the city council. (Ord. 89-413 § 1, 1989; Ord. 232 § 1.152, 1975)

12.08.060 Denial.

A. No permit will be issued for any such work upon any street, alley, sidewalk or other public thoroughfare within the city when the grade has not been properly established, or after the city council has adopted a resolution to improve the street or alley in question by the formation of a local improvement district and no permit shall be issued if, in the judgement of the city council, the improvement proposed to be made is not a suitable one or will not be uniform with and conform to existing or proposed improvements of streets or uniform with and conform to existing or proposed improvements of streets or alleys in the immediate vicinity of such proposed improvement.

B. No permit shall be issued for work within the street right-of-way lines or public utility easements to anyone who is not a licensed contractor and bonded to the city.

C. No permit shall be issued to any persons, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. 232 § 1.153, 1975)

12.08.070 Application content.

The clerk-treasurer shall grant permits only upon compliance with the following terms and conditions: the party requesting such permit shall make application therefore in writing and, if requested to do, will file with the clerk-treasurer drawings showing the location and plan of the excavation, cutting or other thing desired to be done, and the street, alley or easement to be so used, together with the full description of the nature of such work. The clerk-treasurer and building inspector shall thereupon examine such application and drawings and if the same are approved and bond filed as hereinafter provided, shall issue a permit therefor. Such permit shall specify the place where such acts are to be performed and done, together with a description of the proposed work or act to be done under such permit and the length of time allowed for the completion thereof, and shall require the replacement to its former condition or better, of whatever portion of the street, alley, pavement or improvement which may be disturbed or affected in any way. (Ord. 232 § 1.154, 1975)

12.08.080 Fees.

The permit fee shall include the costs to the city for making necessary surveys and for the inspection of all public improvements. Such fees and costs shall be paid by the tenth of the month following the billing by the clerk-treasurer. (Ord. 232 § 1.155, 1975)

12.08.090 Records required.

It shall be the duty of the clerk-treasurer or his designated assistant to keep a record of all permits issued for construction under the provisions of this chapter, which records shall show the date of issue thereof, to whom issued, a description of the property in front of which the improvement is to be made, the nature of the improvement and an estimate of the quantity of work and the cost thereof, fees collected and when accepted by the clerk-treasurer and building inspector or his designated assistant the date of such acceptance. (Ord. 232 § 1.156, 1975)

12.08.100 Construction – Notification of fire chief and police chief.

Before performing any construction, alteration or repair of any street, alley, highway or public thoroughfare in the city, notice thereof must be given to the chiefs of the fire and police departments by the permittee. Notification shall also be given upon completion of the act or acts allowed under such permit when the affected areas are returned to original condition. Failure to do so will constitute a violation of this chapter. (Ord. 232 § 1.157, 1975)

12.08.110 Construction – Interference with other services prohibited.

The work shall be conducted so as not to interfere with access to fire stations, fire hydrants and the U.S. Postal Service. Material or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes shall be kept free of material piles or other obstructions. Access shall be maintained at all times for all types of emergency vehicles and equipment. (Ord. 232 § 1.158, 1975)

12.08.120 Construction – Barricades and lights required.

In case any public street, alley, sidewalk, highway or public place shall be dug up, excavated, undermined, disturbed or obstructed or any obstruction placed thereon, the person, firm or corporation causing the same shall erect, and so long as the conditions exist and any danger may continue, maintain around that portion of the street, sidewalk or other public place, a good and substantial barrier, and shall cause to be maintained during every night from sunset to sunrise around the obstruction sufficient warning lights or flares including any requested by the building inspector. In the event the permittee is not immediately available, the building inspector may install, at the permittee’s expense, additional barricades, lights and or safety devices to protect the public. (Ord. 232 § 1.159, 1975)

12.08.130 Construction – Supervision.

All construction of street improvements, sewers, drains, sidewalks, service walks, curbs and gutters by private contractor shall conform to the city standards and the applicable section of the standard specifications and shall be constructed under the immediate supervision of the building inspector, or his designated assistant. In the event a contractor does any work whatsoever on a public right-of-way it shall be his final responsibility to see that a proper permit has been secured therefor from the city prior to commencing such work. (Ord. 232 § 2.160, 1975)

12.08.140 Contractor’s guarantee.

Any work done under a permit authorized by this chapter and which work involves excavation through or undermining of, any sidewalk, curb or paving shall have such excavation backfilled, tamped and settled in such manner that the sidewalk, curb or paving may be replaced and should the patched sidewalk, curb or paving settle within a period of one year, it shall be repaired at the expense of or under the bond of the original contractor. (Ord. 232 § 2.161, 1975)

12.08.150 Monuments to be preserved.

The permittee shall not disturb any survey monuments or hubs found within the boundaries of the improvements unless authorized to do so by the building inspector. In the event that such monuments or hubs are to be removed because of the improvement they must be replaced under the supervision of the building inspector at the permittees or his agent’s expense. (Ord. 232 § 2.162, 1975)

12.08.160 Property lines and easements.

It shall be the permittees responsibility to confine his construction activities within the street rights-of-way lines and limits of easements described on permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. (Ord. 232 § 2.163, 1975)

12.08.170 Obstruction prohibited.

A. No fence, structure or other obstruction shall be places within the limits of any street, alley, lane or public road whereby public travel may be impeded or inconvenienced except for safety devices which must have flares or warning lights.

B. It is unlawful to dump, pile, deposit or otherwise leave any accumulation of garbage, cans, leaves, grass clippings or prunings and other debris on the traveled portion of any public street, public utility easement, sidewalk, alley or highway within the city. Burning of any such debris on improved roadway or sidewalk surfaces is expressly prohibited. (Ord. 232 § 2.164, 1975)

Article III. Bonds and Insurance

12.08.180 Required for permit.

Before any permit as provided in this chapter shall be issued, the contractor performing such work shall execute and deliver to the city and file with the clerk-treasurer a bond of at least $1,000 or equal to the cost of the improvement, whichever is greater, to be valid at least one year from the completion of all work covered by the permit, with sureties to be approved by the clerk-treasurer and the city attorney, conditioned that he will keep and save harmless the city from all claims, liabilities, judgement, costs, damages and expenses arising from any acts which he may do under the permit or which may be done by any of his agents, servants or employees, or from any negligence from his agents, servants, contractors or any of them, in disturbing such street, alley, pavement or other improvement or by reason of a violation of any of the street, alley, pavement, improvement or other place affected and to place the same in its former condition as near as may be, and within the time specified by the building inspector, and to include all fees, or other costs to the city as a result of activity by the permittee in the execution of the contract for which the permit was issued. (Ord. 232 § 1.161, 1975)

12.08.190 Bond or certified check required for subdivisions.

Before approval of a final plat or a subdivision the council must be satisfied that all required improvements have been constructed as certified by the planning commission. In lieu of the completion of the improvements, a bond executed by a company based on an estimate by the planning commission shall be furnished by the developer in an amount equal to the cost of completing construction of such improvements for the area immediately under development. The surety will be subject to the condition that the improvement will be completed within one year after approval of the final plat and in the event they are not completed, the city shall proceed with the work and hold the owner and the bonding company jointly responsible for the construction thereof. As an alternate and at the discretion of the subdivider a cashier’s check may be deposited with and payable to the city in lieu of the surety bond. (Ord. 232 § 1.162, 1975)

12.08.200 Continuous bonds.

Any contractor, normally operating with the city may file with the clerk-treasurer a bond with sureties as provided in AMC 12.08.180 in the amount of $1,000 or more and that such filing of a bond will be due evidence of good faith for any permit obtained during the life of the bond. The bond shall continue in force for at least one year following the last improvement made under permit in the city. In the event the cost of any and all improvements performed exceeds in the total value of the bond on file by the permittee, it shall be the permittee’s responsibility to increase the value of the bond to equal the total cost of the several improvements, but not more than $5,000 before further permits will be issued. (Ord. 232 § 1.163, 1975)

12.08.210 Exemption.

In lieu of bond arrangements provided in AMC 12.08.180 and 12.08.200, a contractor at the time of requesting a permit can present current evidence of compliance with bond regulations of Chapter 18.27 RCW, Registration of Contractors. (Ord. 232 § 1.164, 1975)

12.08.220 Insurance required.

The contractor must also furnish the city a certificate of insurance or duplicate copy of his bodily injury liability insurance policy with minimum limits of $100,000 per person and $200,000 per accident and property damage insurance with minimum of 25,000 per occurrence to include injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property or any apparatus in connection therewith, below the surface of the ground, if such injury to or destruction is caused by and occurs during the use of mechanical equipment for the purpose of grading of land, paving, excavating or drilling or injury to or destruction of property at any time resulting therefrom, and keep the same in force. It will be the contractor’s responsibility to keep and save harmless the city from all claims, liability, judgement, costs, damages and expenses arising from any acts which he may do under the permit or which may be done by any of his agents, subcontractors, employees or any of them, in making or constructing such improvements or by reason of violation of any of the provisions of this chapter. (Ord. 232 § 1.165, 1975)

Article IV. Streets and Alleys

12.08.230 Surfacing materials.

All public streets and alleys hereafter constructed in the city shall be constructed in accordance with the standard specifications. The type of surfacing shall be cement concrete pavement or asphaltic concrete pavement, a minimum thickness of two inches, as specified in the standard specifications. (Ord. 97-523 § 1, 1997)

12.08.240 Installation of underground utilities.

A. All necessary underground utilities with connections to the private property lines shall be installed prior to the surfacing of any street with permanent type pavement. No subsequent street cuts will be permitted in permanent type surface streets unless an overlay of the complete roadway in the area involved, including transition sections, is included; and for necessary repairs to existing lines.

B. All underground electric, telephone and television cables beneath present or future areas of permanent type surfaced roadway shall be encased in approved conduit or duct. (Ord. 232 § 1.172, 1975)

12.08.250 Street width.

The minimum normal width of streets in the city shall be 36 feet from face of curb and the minimum normal width of right-of-way shall be 50 feet for all new construction. (Ord. 232 § 1.173, 1975)

12.08.260 New street requirements.

New streets may be constructed by:

A. Developers of land areas at their own expense; or

B. Abutting property owners by cash or private contracts; or

C. By creation of local improvement districts; or

D. By action of the city council, any of which construction shall be in accordance with the requirements of this chapter. (Ord. 232 § 1.174, 1975)

12.08.270 Improvement by private contract.

Prior to the granting of a permit for any street or surfacing work on public street right-of-way to be done by private contract, the party or parties requesting the improvement shall provide all necessary surveys, grades, engineering, design data, plans, specification and subsequent to issuance of the permit, all necessary construction staking all of which shall be certified by an engineer or land surveyor registered in the state. However, as an alternate to using such registered engineer or land surveyor the city may elect in its sole discretion to do this work at cost for the party or parties if mutually agreed. The permittee or contractor actually doing the work and subsequent to issuance of the permit shall notify the clerk-treasurer in writing at least 24 hours in advance of commencing operation or commencing any construction phase. The building inspector or designated assistant shall check the work as to line and grade and inspect the work until same is completed and it shall be unlawful for work to commence until the grades and alignment have been so checked and an inspector placed upon the location of the work at the time the work is actually commenced. Subsequent to completion of the work but before acceptance of the completed work by the city, the permittee shall furnish the clerk-treasurer an acceptable transparent tracing or drawing indicating the “as built” condition of the work which shall show final grades and other engineering data all of which shall be certified by the engineer or land surveyor who is registered in the state who was responsible for the work. The city may refuse to maintain any street which has not been built in compliance with nor accepted by the building inspector. (Ord. 232 § 1.175, 1975)

12.08.280 Arterial streets.

Construction of arterial streets will be initiated by action of the city council in accordance with the six-year comprehensive street program or upon approval by the voters of special bond improvement projects. (Ord. 232 § 1.176, 1975)

Article V. Sidewalks and Curbs

12.08.290 Construction standards.

All sidewalks and curbs hereafter constructed in the city shall be constructed in accordance with Division II of the Standard Specifications. (Ord. 240 § 1, 1976; Ord. 232 § 1.181, 1975)

12.08.300 Construction details.

Unless otherwise ordered by the city all sidewalks and curbs hereafter constructed upon any public right-of-way within the city shall be built in compliance with appropriate city standards. (Ord. 240 § 1, 1976; Ord. 232 § 1.182, 1975)

12.08.310 Inspection required.

No improvements will be accepted until the building inspector is satisfied that the work has been performed according to the requirement of this chapter and to the lines and grades as established and staked. (Ord. 232 § 1.183, 1975)

12.08.320 Maintenance of sidewalks and driveways.

A. It is unlawful for any person, firm or corporation to keep or retain a public sidewalk or driveway area fronting his, her or their property, in a state of disrepair and which is dangerous for use by the public. Any such sidewalk which is in a state of disrepair and/or dangerous for use by the public shall be repaired or reconstructed by the fronting owner in accordance with the terms of this chapter.

B. It is illegal to paint upon, deface or mark in any manner a public sidewalk without permission of the city council.

C. Any day any sidewalk or driveway is permitted to remain in a condition contrary to the terms of this chapter shall be considered and shall constitute a separate and distinct violation hereof. (Ord. 89-404 § 1, 1989; Ord. 232 § 1.184, 1975)

Article VI. Driveways and Approaches

12.08.330 Construction standards.

All paved driveways and approaches on public right-of-way hereafter constructed in the city shall be constructed in accordance with Division II of the Standard Specifications. (Ord. 232 § 1.191, 1975)

12.08.340 Grades.

All driveways or approaches hereafter constructed or reconstructed in areas where walks, curbs or curbs and gutters do not exist shall be built to the lines, grades and to allow the width of roadway established for the street. (Ord. 232 § 1.192, 1975)

12.08.350 Permits.

A single permit may authorize one or more driveways or approaches to be constructed along the frontage of any one ownership or lease holder. However, no permit shall be issued if in the judgment of the city the proposed driveway or approach may impair the use of the street or be unduly dangerous to traffic or is not in accordance with the provisions of this chapter. (Ord. 232 § 1.193, 1975)

12.08.360 Design requirements.

Except for specific conflicting provisions for driveways for service stations, the following shall apply:

A. An accessway intended to serve more than one lot or parcel is not a driveway, but rather a street or alley.

B. A driveway shall serve a maximum of two dwelling units. An access serving more than two dwelling units shall conform to the standards of streets or alleys.

C. No single driveway shall exceed 50 feet in width measuring parallel to the curbline.

D. Total width of all driveways along a single street and single ownership or leasehold frontage shall not exceed 50 percent of the total frontage along that street.

E. The approach angle of any driveway shall not be less than 70 degrees measured from the curbline. (Ord. 96-519 § 3, 1996; Ord. 232 § 1.194, 1975)

Article VII. Sanitary Sewers and Storm Drains

12.08.370 Construction standards – Permits.

A. All sewers, trunk lines, manholes, cleanouts and catch basins hereafter constructed in the city and extensions thereof shall be constructed in accordance with Division III of the Standard Specification. Construction of side sewers and connection must meet with the approval of the building inspector.

B. All transactions concerning sewer connections shall be made through the office of the clerk-treasurer. (Ord. 232 § 2.111, 1975)

12.08.380 Construction by private contract.

A. Prior to the issuing of a construction permit a connect order must be obtained by the party or parties seeking such improvement. Prior to the granting of a permit for the construction of any sanitary sewers or storm drains on public street right-of-way to be done by private contract, the permittee requesting the improvement shall provide all necessary surveys, grades, engineering design data plans, specifications; and subsequent to issuance of the permit all necessary construction staking all of which shall be certified by an engineer or land surveyor registered in the state. The permittee or contractor actually doing the work and subsequent to issuance of the permit shall notify the clerk-treasurer in writing at least 24 hours in advance of commencing operation or commencing any construction phase.

B. In the event engineering is performed by a registered engineer or land surveyor and subsequent to completion of the work, but before acceptance of the completed work by the city, the permittee shall furnish the clerk-treasurer acceptable transparent tracing or drawing indicating the “as built” condition of the work which shall show final grades and other engineering data all of which shall be certified by the engineer or land surveyor who is registered in the state who was responsible for the work. The city may remove the connection to the system or refuse to maintain any sanitary sewers or storm drains which have not been built in compliance with this chapter.

C. Roof areas, down spouts and surface drainage areas shall not be drained into sanitary sewers. (Ord. 232 § 2.112, 1975)

12.08.390 Sewer connections.

No person or persons, firm, association or corporation shall make or cause to be made any connection to any sewer or part of the sewerage system of the city, except by a person or persons regularly licensed to perform that class of work, or approved by the city and such work shall be inspected prior to and upon completion of backfilling to the satisfaction and approval of the building inspector. (Ord. 232 § 2.113, 1975)

12.08.400 Improvement requirements generally.

A. For general conditions, see this article.

B. For bonds and insurance, see Article III.

C. Acceptance by City. No improvement will be accepted until the building inspector is satisfied that the work has been performed according to the requirements of this chapter and to the lines and grades as established and staked. (Ord. 232 § 2.114, 1975)

Article VIII. Violation – Penalty

12.08.410 Designated.

Any persons, firm or corporation that shall fail to comply with or violate any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500.00 or by imprisonment in the county jail not exceeding 90 days, or by both such fine and imprisonment. Each day in violation of this chapter shall be considered a separate offense. (Ord. 232 § 2.121, 1975)