Chapter 12.18
RIGHT-OF-WAY RESTRICTIONS
Sections:
12.18.020 Notification of intent to pave.
12.18.030 Excavation restrictions.
12.18.040 Pavement cutting – Administrative variance.
12.18.010 Purpose.
The health, safety, and welfare of the citizens of Fife are not well served when city streets are excavated, undermined, cut or disturbed shortly after being paved or resurfaced. The purpose of this chapter is to provide a process by which the users of city rights-of-way and other interested parties receive timely notice of the paving or resurfacing of city streets and an opportunity to perform such excavation work within the rights-of-way as may be necessary prior to the paving or resurfacing of such streets. (Ord. 1528-04 § 1, 2004).
12.18.020 Notification of intent to pave.
Whenever the city council enacts any ordinance or resolution providing for the construction, paving, or resurfacing of any street, the public works director shall promptly mail a written notice thereof to each person or firm owning conduit or other utility in or under said street, as well as to the owners of real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons or firms that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years after the date the pavement has been constructed or resurfaced. Such notice shall also notify such persons or firms that applications for excavation permits, for work to be done prior to such construction, paving, or resurfacing, must be submitted promptly in order that the work covered by the excavation permit may be completed not later than 90 days from the date of enactment of such ordinance or resolution. The director shall also promptly mail copies of such notice to state agencies and city departments or other persons that may desire to perform excavation work in said city street. (Ord. 1859 § 30, 2014; Ord. 1528-04 § 1, 2004).
12.18.030 Excavation restrictions.
A. In the event any public utility company or firm receiving notice as prescribed above shall fail within said 90 days to perform such excavation work, subject to the provisions of this code, as may be necessary to install or repair conduits or other utility installations, then any and all rights of said company or firm or their successors in interest to make openings, cuts, or excavations in said street shall be forfeited for a period of five years from the date the pavement has been constructed or resurfaced.
B. In the event any owner of real property abutting said street receiving notice as prescribed above shall fail within said 90 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts, or excavations in said street shall be forfeited for a period of five years from the date the pavement has been constructed or resurfaced.
C. During said five-year period, no excavation permit shall be issued to open, cut, or excavate in said street unless in the sole discretion of the director of public works an emergency exists that makes it absolutely essential that the excavation permit be issued. (Ord. 1528-04 § 1, 2004).
12.18.040 Pavement cutting – Administrative variance.
All pavement types shall not be cut for a period of five years after the pavement has been constructed or resurfaced. During this period, untrenched construction techniques such as pushing, jacking, or boring shall be explored on all new or existing pavement road crossings. In cases of emergency or construction failures, or if all alternatives to pavement cutting have been exhausted, provisions for cutting the pavement may be obtained if approved by the director of public works or his designee. Provisions may be conditioned upon providing a standard grind and asphalt patch and minimum 150-linear-foot full-width overlay for asphalt concrete pavement and bituminous surface treatment pavement or standard cement concrete restoration for cement concrete pavements. (Ord. 1528-04 § 1, 2004).