Chapter 12.24
CONSTRUCTION PERMITS
Sections:
12.24.010 Required.
12.24.020 Applications.
12.24.030 Engineer of record.
12.24.040 Traffic-control plan.
12.24.050 Performance bond.
12.24.060 Permit – Fee.
12.24.070 Construction codes.
12.24.080 Decision – Permit term.
12.24.090 Contest of city engineer’s decision.
12.24.100 Compliance with permit.
12.24.110 Display of permit.
12.24.120 Survey of underground facilities.
12.24.130 Noncomplying work.
12.24.140 Record drawings.
12.24.150 Restoration after construction.
12.24.160 Standards for construction.
12.24.170 Permittee’s liability.
12.24.180 Release of construction surety.
12.24.190 Violation – Penalty.
12.24.200 Responsibilities of the owner.
12.24.010 Required.
All persons, including, but not limited to, franchise utilities, corporations, firms, companies, individuals, government agencies or officials, or any organization of any kind, who propose to install overhead or underground facilities, perform construction, or excavate into the surface of any city street, sidewalk or curb, or make any excavation through or underneath any city street, sidewalk or curb, in any street or alley in the city, or across city or public property, must obtain a permit to do so from the city engineer prior to any proposed work. In the event of any conflict, regarding permitting of any work within city public ways or city easements, with any other chapter of this code, the procedures set forth in this chapter shall take precedence.
A. Prior to applying for a permit for construction or installation of facilities within the city’s public ways the applicant will obtain any business registration, franchise, and/or right-of-way agreement required in accordance with ACC Titles 5 and 20.
B. Prior to applying for a permit for use of or the construction of approved facilities on city-owned or public property the applicant shall obtain a facilities lease from the city in accordance with ACC Title 20. The city council reserves unto itself the sole discretion to lease city property for any purpose, and no vested or other rights shall be created by this section or any provision of this chapter applicable to such facilities leases.
C. This chapter does not apply to utility permits issued under ACC Title 13. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.020 Applications.
Applications for construction permits shall be submitted to the city engineer upon forms to be provided by the city and shall be accompanied by drawings, plans, specifications, performance bond valued at 125 percent of the estimated cost of work including landscape and restoration work anticipated, and a brief narrative description of the project scope in sufficient detail to demonstrate:
A. The identity of the applicant, including all affiliates of the applicant;
B. A description of the services that are or will be offered or provided by the applicant to others;
C. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify:
1. The location and route requested for applicant’s proposed facilities;
2. The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the public way along the proposed route;
3. The location(s), if any, for interconnection with the facilities of other carriers;
4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate;
5. The location of all facilities to be constructed within or immediately adjacent to the public ways on private property. Where use of private property is involved proof of easements will be required prior to permit issuance;
6. The location of all survey monuments which may be displaced or disturbed by the proposed construction;
D. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route;
E. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
1. The excess capacity currently available in such ducts or conduits before installation of applicant’s facilities;
2. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant’s facilities; and
3. Evidence of ownership or a right to use such ducts or conduits;
F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
1. The location proposed for the new ducts or conduits; and
2. The excess capacity that will exist in such ducts or conduits after installation of applicant’s facilities;
G. A preliminary construction schedule and completion date;
H. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the services proposed, including, but not limited to, evidence that the applicant has registered the Washington Utilities and Transportation Commission where applicable;
I. A permit fee as determined in ACC 12.24.060;
J. Proof of ability to meet city’s bonding requirements as set forth in ACC 12.24.050 when the permittee does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed; and
K. Demonstration that the facilities will be constructed in accordance with city standards and all other applicable codes, rules and regulations. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.030 Engineer of record.
Permit applications shall be accompanied by drawings, plans and specifications and identification of the name, telephone number, and address of the engineer having responsible charge of the scope of work covered by the permit. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.040 Traffic-control plan.
All permit applications which involve work on, in, under, across, or along any public ways shall be accompanied by a traffic-control plan demonstrating the protective measures and devices that will be employed, consistent with the latest edition of Manual on Uniform Traffic-Control Devices (MUTCD), as adopted by the Model Traffic Ordinance (ACC 10.04.010) and RCW 47.36.020 to prevent injury or damage to persons or property and to minimize disruptions to pedestrian and vehicular traffic. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.050 Performance bond.
All performance bonds for work in public ways shall satisfy the minimum standards established in the city’s standard specifications as adopted in Chapter 12.04 ACC. Unless otherwise provided in a right-of-way agreement, permit, franchise, or lease agreement, a performance bond written by a corporate surety acceptable to the city equal to at least 125 percent of the estimated cost of removing the grantee’s, permittee’s, franchisee’s, or lessee’s equipment and facilities and restoring the public ways of the city and/or city-owned property to its substantially equivalent preconstruction condition shall be deposited before any construction is commenced. Said bond shall be required to remain in full force until 60 days after completion of the construction and/or improvements within the public ways of the city or upon city-owned property as determined by the city engineer, and shall warrant all such restoration work for a period of one year by reduction to an amount approved by the city engineer in the approximate amount of 10 percent of the original value of the performance bond during the period of warranty. The purpose of this bond is to guarantee removal of partially-completed work and/or nonconforming facilities, to fully restore the public ways of the city and city-owned property to its substantially equivalent preconstruction condition, and/or to cover unexpected deterioration of pavement structures precipitated by the grantee’s work, and any other permitting requirements established in the permit as required by the city engineer. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.060 Permit – Fee.
A. The city engineer shall have charge of issuing construction permits to all persons upon the application for the permit to perform any work within the city’s public ways, easements, or upon city or public property. The city engineer shall provide application forms to be completed by each applicant. Prior to permit issuance, the city engineer or his/her designee shall assure that a fee for the permit is deposited with the finance department.
The fees shall be as shown in the city of Auburn fee schedule as adopted by Ordinance 5707, and any amendments thereto.
B. The permit fee will be collected at the time the permit is issued. Upon approval of the application by the city engineer, a permit will be issued to the person paying for the permit. (Ord. 5817 § 4, 2004; Ord. 5042 § 1 (Exh. C), 1998.)
12.24.070 Construction codes.
All construction within city public ways or easements shall comply with the city’s street standards as established in Chapter 12.04 ACC. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.080 Decision – Permit term.
After submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the city will determine whether the applications, plans and documents comply with all requirements of this chapter. Once all city requirements are met the city shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the schedule, place and manner of performing the work as may be necessary or appropriate in the interest of public safety or welfare. The permit to be issued by the city engineer shall be valid only for the time designated on the permit. The city engineer shall designate the length of time that the permit shall be valid at the time the permit is issued. The city engineer shall exercise his/her discretion and shall have the sole power to decide whether or not a permit shall be issued at that time, providing that the decision of the city engineer may be changed by the city council upon the review of the merits of a complaint of any person being denied such a permit. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.090 Contest of city engineer’s decision.
Any person aggrieved by the granting or denying of a construction permit pursuant to this chapter shall have the right of review by the public works director as follows:
A. All complaints filed pursuant to this section must be filed in writing with the public works director within 10 working days of the date of the decision being contested;
B. All complaints filed pursuant to this section shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the city engineer’s decision, which shall constitute the basis of the complaint;
C. Upon receipt of a timely written notice of complaint, the public works director shall review the materials submitted and determine whether to uphold or modify the city engineer’s decision. If in the public works director’s judgment, the city engineer’s decision should be amended in favor of resolving the complaint, he or she shall so direct the same. If the director upholds the city engineer’s decision, he or she shall prepare a written staff paper detailing the rationale of the city engineer’s decision and findings of fact for conduct of a hearing by the hearing examiner;
D. The public works director shall schedule the hearing before the hearing examiner in accordance with Chapter 18.66 ACC and notify the contesting party of the scheduled hearing in accordance with ACC 18.70.040. (Ord. 5677 § 4, 2002; Ord. 5042 § 1 (Exh. C), 1998.)
12.24.100 Compliance with permit.
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city shall be provided access to the work and such further information as may be required to ensure compliance. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.110 Display of permit.
The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city inspector at all times when construction work is occurring. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.120 Survey of underground facilities.
If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a state-registered land surveyor. The permittee may be required to relocate any facilities which are not located in compliance with permit requirements at permittee’s expense. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.130 Noncomplying work.
Upon order of the city engineer, all work which does not comply with the permit, the approved plans and specifications for the work, or the city’s standards and requirements as established in Chapter 12.04 ACC shall be remedied to comply with standards or removed at permittee’s expense. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.140 Record drawings.
Within 60 days after completion of construction or in accordance with a separate agreement with the city engineer, the permittee shall furnish the city with a computer disc with record drawings in Autocadd drawing file format and a complete set of plans, drawn to scale and certified to the city as accurately depicting the horizontal and vertical location and configuration of all facilities constructed pursuant to the permit. The city engineer shall have the discretion to prescribe the format and/or media of said record drawings, consistent with city codes and policies. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.150 Restoration after construction.
Upon completion of any construction, maintenance, or repair work, the permittee shall promptly repair any and all public and private property improvements, landscaping, fixtures, structures, and facilities in the public or other ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its
condition before the start of construction. All survey monuments disturbed or displaced shall be referenced and replaced as required by Chapter 332-120 WAC and the Auburn benchmark system second order, first class specifications. The referencing and replacement of survey monuments shall be performed by a licensed land surveyor. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair, or replacement performed by the permittee shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. The city engineer or his designee shall have final approval of the completeness of all restoration work. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.160 Standards for construction.
The terms under which the construction and/or the repair thereof are to be made by the permittee shall be stated and printed on the permit. The city will inspect the construction site before and after the construction to assure the permittee has completely repaired the area to the satisfaction of the city. Any person or persons who fail to comply with the city’s permit by not completing repairs thereof in accordance with the requirements of the city shall not be granted any further permits requested in future applications until such time as the cost of the proper repair or construction has been fully paid for by the permittee. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.170 Permittee’s liability.
Any person regulated under this chapter shall be liable to the city for all losses or damages claimed by any persons as a result of the negligence or failure of the person securing a permit to take all necessary precautions to protect the public and the city in the performance of any construction activities. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.180 Release of construction surety.
Upon completion of work and associated restoration work and payment of all fees to the satisfaction of the city engineer or his/her designee, the performance bond will be released. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.190 Violation – Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.200 Responsibilities of the owner.
The owner of the facilities to be constructed and, if different, the grantee, franchisee, or lessee is responsible for performance of and compliance with all provisions of this chapter. (Ord. 5042 § 1 (Exh. C), 1998.)