Chapter 4.06
GENERAL CONDITIONS APPLICABLE TO ALL WORK
Sections:
4.06.020 Initiation of improvements.
4.06.040 Permits required.
4.06.050 Sidewalks improvement program.
4.06.060 Sidewalks, curbs and gutters for building permit applicants.
4.06.080 Application for public works construction permit.
4.06.100 Permit charges.
4.06.120 Record of permits.
4.06.140 Failure to obtain a permit.
4.06.160 Notice to fire and police department.
4.06.180 Supervision by the director of public works.
4.06.200 Barricades and lights.
4.06.220 Guarantee by permittee.
4.06.240 Preservation of monuments.
4.06.260 Underground system maps.
4.06.020 Initiation of improvements.
Projects for the construction, reconstruction or repair of sidewalks and streets may be initiated by one of the following procedures: a petition of the property owners for creation of a local improvement district; council resolution directing creation of a local improvement district; by an individual upon proper application and receipt of a permit from the director of public works; by council resolution directing that sidewalks and streets be repaired by the city at the property owners' expense; and by property owners' request that the city perform the work at the property owners' expense. [Ord. 2844, 1970.]
4.06.040 Permits required.
It is unlawful for any contractor, person, persons, firm or corporation to dig up, break, excavate, occupy, tunnel, undermine, obstruct or disturb any public street, alley, sidewalk, highway, thoroughfare, other public place or public easement, or fill in, place, leave or deposit in or upon any such public street, alley, sidewalk, highway, thoroughfare, other public place or public easement any article, material or thing whatsoever tending to disturb or obstruct, without first having obtained a public works construction permit therefor. This section shall not apply to normal maintenance work performed by authorized utilities and public agencies.
This section shall not apply to normal landscaping maintenance performed by private property owners or contractors employed for that purpose; however, a permit is required for the planting of any tree or shrub, with a mature growing height in excess of 30 inches, and for any landscaping requiring an excavation in excess of 18 inches below the sidewalk or top of curb. In the event there is no sidewalk or curb, a permit will be required for any excavation in excess of 12 inches below grade. [Ord. 2920 § 1, 1972; Ord. 2844, 1970.]
4.06.050 Sidewalks improvement program.
The map entitled “sidewalk improvement program” (Drawing No. 80-085-01, revised July, 1983) is hereby adopted as the city's six-year construction master plan.
The sidewalk improvement program, which may include curb and gutter, shall be updated annually and city matching funds shall be included in the budget for sidewalk construction scheduled during that fiscal year. The council shall consider matching funds each year only for those streets scheduled for improvement that year. Sidewalk participation approved by the city council shall be at the lesser rate of $7.50 per lineal foot or 50 percent of construction cost. The city council shall consider additional matching funds for a residential lot requiring 150 percent or more sidewalk than the average lot in the same block, providing the lot cannot be subdivided.
Roads or streets within unincorporated areas, which are extensions of streets within the city and which are on Drawing No. 80-085-01 shall, upon annexation, automatically be placed on said drawing and shall be subject to all the provisions of this chapter. [Ord. 3422 § 1, 1984.]
4.06.060 Sidewalks, curbs and gutters for building permit applicants.
When an application is made for a building permit, subdivision, conditional use, SEPA review project or other development permit, the administrator shall evaluate the proposed building or development site to determine the need for new or reconstructed street surfaces, curbs, gutters and sidewalks based upon the following criteria:
A. New curbs, gutters and sidewalks shall be constructed on all street frontages where those street improvements are not already present and in serviceable condition.
B. Reconstruction of curbs, gutters and sidewalks shall be required if, in the opinion of the administrator, the present improvements are deteriorated to an unserviceable, hazardous state.
C. All curb, gutter and sidewalk improvements which are constructed, reconstructed or repaired shall be done so entirely in the public right-of-way, and further sidewalks shall be separated from the traveled way by landscaping, concrete curbing, a median or other approved physical barrier.
D. Applicants for a subdivision, SEPA review project, conditional use, building permit or other development permit, upon payment of a $100.00 fee, may apply for deferred installation of sidewalks, curbs and gutter under the following circumstances:
1. Applicants for all development permits may apply for deferrals for the above improvements if their construction involves a significant physical obstacle to the construction of such improvements. In those cases in which bridges, large-diameter (in excess of four feet in diameter) culverts, retaining walls in excess of four feet in height, or other construction deemed necessary by the administrator due to the presence of major physical obstacles are required for the construction of a sidewalk, the administrator shall grant a deferral of the improvement upon application for such. Such deferral shall be made contingent upon the acceptance by the administrator of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district or other cooperative financing arrangement which would include the deferred section of improvement.
2. Applicants for industrial development projects that involve the construction of new streets may apply for waivers or deferrals for sidewalks only. The administrator shall grant deferrals or waivers, as deemed appropriate, for those projects in which no mixed commercial, residential or through traffic would use the affected streets, or in which no regular pedestrian traffic can be reasonably expected. If deferrals are granted, such deferrals shall be made contingent upon the acceptance by the administrator of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district or other cooperative financing arrangement which would include the deferred section of improvement.
3. Applicants for building permits for new construction, additions which valuation exceeds 50 percent of the assessed valuation for the existing structure, or short plats all of which result in, by zoning or covenants, the development of single-family residential structures may apply for deferrals for the above improvements. The administrator shall review such requests, and shall grant deferrals if the construction results in an isolated segment of improvements. In order to qualify as an isolated segment of improvements, the edges of the improvements, once constructed, must be physically separated from connecting curb, gutter or sidewalk improvements by a minimum of 100 linear feet and not reasonably be subject to an LID or other major street improvements in the next two years. If such a deferral is granted, such deferrals shall be made contingent upon acceptance by the administrator of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district or other cooperative financing arrangement which would include the deferred section of improvement.
4. The administrator shall direct the public works department to provide the necessary determinations of grade, location and other engineering information deemed necessary for the completion of street, curb, gutter and sidewalk improvements for those building permits and short plats which result in, by applicable zoning or voluntary covenants, lots which are limited to single-family residential construction. For subdivisions which result in more than four single-family lots of record, or any number of lots which are subject to multifamily, commercial, or industrial development zoning uses, the developer shall be required to supply necessary engineering studies for public improvements as part of their public improvements requirement. Any existing plans, specifications or engineered designs in the public works department are considered as part of the public record and shall be made available to all persons constructing public improvements for review and use as is appropriate to their project.
5. Applicants for development permits may apply for short-term deferral of completion of required improvements due to weather or other unforeseen construction-related problems. The administrator shall consider each request for short-term deferral. In those cases where the delay of the completion of construction would not result in any hazardous condition, or other problems of site use, the administrator may grant such requests for short-term deferral. Such deferral shall be subject to acceptance by the administrator of adequate financial security needed to complete the improvements and pay potential city costs to accomplish said improvements completion, and a definite construction timetable for completion of the deferred improvements.
6. In all cases in which sidewalk, curb and gutter improvements are required to be installed, a useful life of 15 years for the improvements shall be established. If, during the 15-year period, subsequent street construction causes the improvements to be removed and reconstructed, the adjoining landowner shall obtain prorated credit against any assessment of costs based upon the estimated value of the improvements and the amount of useful life left. The estimated value of improvements shall be determined at the time of the permit application, and should be mutually agreed to by the city and the applicant. In those cases where mutual agreement cannot be reached, the estimated value shall be established by the average cost experienced for similar improvements in other city right-of-way locations.
7. Applicants for all developments which consist of a building which is less than 4,000 square feet in size and, in the opinion of the administrator, consist of an accessory or intermittent use of the lot, or consist of street frontage of less than 100 lineal feet on a separate street frontage, may apply for deferrals of curb, gutter and sidewalk improvements in those instances where the required street improvements would qualify as isolated segments of improvements. In order to qualify as an isolated segment of improvement, the improvement once completed must be physically separate from connecting curb, gutter or sidewalk improvements by a minimum of 100 feet or, in the opinion of the administrator, cause a practical problem of surface water drainage or street configuration. If such a deferral is granted, such deferral shall be made contingent upon acceptance by the administrator of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvements district, or council-ordered improvement which would include the deferred section of improvement.
E. Appeals. Applicants have the right to appeal decisions of staff made under the authority of this chapter to the city council. All appeals shall be made in writing and be submitted to the city within 10 days of receiving a written determination from staff on the permit request.
In filing an appeal with the city council, it shall be the responsibility of the appellant to establish in writing why the staff decision did not follow the appropriate requirements and standards of this chapter in rendering the decision. Each section of this chapter which applies to the appellant's deferral request shall be referenced and addressed in the written appeal presented to the city council prior to the hearing of the appeal.
The city council, upon hearing the appeal and staff position, shall be authorized to uphold the administrator's decision as consistent with this chapter, or find the decision to be in whole or part in conflict with this chapter and amend the decision to ensure consistency with this chapter. [Ord. 4467 § 5, 2007; Ord. 4148, 1998; Ord. 4026 § 2, 1996.]
4.06.080 Application for public works construction permit.
The director of public works shall grant such permits upon compliance with the following terms and conditions: The person, persons, firm, contractor or corporation requesting the permit shall make application therefor in writing, and, if requested to do so, will file with the director of public works drawings, plans and specifications showing the location and plan of the thing desired to be done and the street, alley, sidewalk, public thoroughfare or public easement to be so used, together with a full description of the nature of such work. The director of public works shall examine such application, drawings, plans and specifications, and if all are found to be in accord with the provisions of this title and approved and a bond filed as herein provided, shall issue a permit therefor. Such a 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. 2844, 1970.]
4.06.100 Permit charges.
The permit fee shall include all the costs to the city for the making of necessary surveys, engineering, inspection of, and for all other work to be done by the city on all public improvements. Such fees and costs shall be paid in advance to the city clerk at the time the application for a permit is made. The fee for issuance of a permit shall be based upon the following charges:
A. Filing Fee. Application for a public works construction permit shall be accompanied with a filing fee of $25.00;
B. Engineering, Surveying, and Inspection. That work performed by the public works department as pertains to that portion of the project which will be done in or affect the street, sidewalk, alley, public thoroughfare, or public easement shall be charged at the rate established by council resolution and shall be based upon the estimated cost of such work at the time application for a permit is made;
C. Restoration. All work performed by the city, directly chargeable to the restoration of the street, sidewalk, public thoroughfare, alley, public easement, or utilities contained therein, shall be charged at cost based upon an estimated cost determined at the time application is made for the permit. [Ord. 3851 § 1, 1993; Ord. 2844, 1970.]
4.06.120 Record of permits.
It shall be the duty of the director of public works or his designated representative to keep a record of all permits issued under the provisions of this title, 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 improvement and an estimate of the quantity of work and the cost thereof, fees collected, and when accepted, the date of such acceptance. [Ord. 2844, 1970.]
4.06.140 Failure to obtain a permit.
Failure to obtain a public works construction permit prior to commencing work as stated in ECC 4.06.020 shall be deemed a violation of this title and shall be cause for the director of public works 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 a late permit. [Ord. 2844, 1970.]
4.06.160 Notice to fire and police department.
Prior to the performing of any act or the placement of anything whatsoever onto or under any street, alley, sidewalk, public thoroughfare, or public easement within the city which would substantially block the flow of traffic, notice thereof must be given to the fire department and the police department 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 their original or better condition. Failure to do so will constitute a violation of this title. [Ord. 2844, 1970.]
4.06.180 Supervision by the director of public works.
The acts and work permitted under such permits, and the restoration to its former condition of the street, alley, pavement, or improvement, shall be at all times under the supervision and control of the director of public works, but at the expense of the party procuring the permit. The fact that the director of public works, and inspector, or other authorized representative was present during the progress of any work shall not relieve the permittee from responsibility for performing the work in accordance with the standard specifications nor relieve him of the responsibility for any defects discovered after completion of the work for one year thereafter. If that party shall fail to complete all work before the expiration of the time fixed by permit, the director of public works may, if he deems it advisable, do all work and things necessary to return to its original and proper condition that portion of the street, alley, pavement, or right-of-way which has been disturbed, and that party shall be liable therefor, and the city shall have cause of action for all fees, expenses, and amounts paid out upon such work and may invoke the bond for payment required herein. Deviation from approved plans due to unforeseen conditions shall be obtained from the director of public works. [Ord. 2844, 1970.]
4.06.200 Barricades and lights.
Before any public street, alley, sidewalk, public thoroughfare, public easement, or public place shall be dug up, excavated, undermined, tunneled under, disturbed, or obstructed, or any obstruction placed thereon, the person, firm, or corporation causing the same shall erect and, so long as the condition exists and any danger may continue, maintain around that portion of street, alley, sidewalk, or other public place a good, substantial barrier and/or temporary barricades and shall cause to be maintained during every night, from sunset to sunrise, around the obstruction sufficient warning lights. The director of public works shall promulgate such instruction and requirements as are deemed necessary to the proper safeguarding of the general public through the erection of various permanent and/or temporary barriers, barricades, warning lights, and such other warning devices as are applicable. In the event the permittee is not immediately available, the director of public works shall install, at the permittee's expense, additional barricades, lights, and/or safety devices to protect the public. [Ord. 2844, 1970.]
4.06.220 Guarantee by permittee.
When any work done under a permit authorized by this title involves excavation through or undermining of any sidewalk, curb, or paving, such excavation shall be backfilled, tamped, and settled in such a manner that the sidewalk, curb, or paving may be replaced and should the patched sidewalk, curb, or paving settle or otherwise prove defective within a period of one year, it shall be repaired at the expense of or under the bond of the person, contractor, firm or corporation stated in the original application. [Ord. 2844, 1970.]
4.06.240 Preservation of monuments.
The permittee shall not move, raise, lower or disturb in any manner whatsoever any survey monument or hub found within the boundaries of the improvements, unless authorized to do so by the director of public works. In the event that such monuments or hubs are to be removed because of the improvement, they shall be replaced under the supervision of the director of public works at the expense of the permittee or his agent. [Ord. 2844, 1970.]
4.06.260 Underground system maps.
It shall be the responsibility of authorized utilities and public agencies within the city to keep up-to-date underground utility maps filed with the director of public works. Such maps shall show in general the location and type of utility in question. It shall also be the responsibility of authorized utilities and public agencies to keep up-to-date “as constructed” drawings which shall be available for inspection. [Ord. 2844, 1970.]