Chapter 12.06
CIVIL CONSTRUCTION PERMITTING AND MAINTENANCE
Sections:
12.06.010 Purpose.
12.06.020 Definitions.
12.06.030 Authority.
12.06.040 Applicability.
12.06.050 Exemptions – Emergencies.
12.06.060 Variances.
12.06.070 Permit requirements.
12.06.080 When a professional civil engineer is required.
12.06.090 Permit modifications.
12.06.100 Financial guarantees.
12.06.010 Purpose.
The purpose of this code is to:
A. Establish a permit process for submittal, review, and issuance of a permit for construction of civil improvements not already required by Chapter 12.02 GHMC and Chapter 14.40 GHMC;
B. Provide for inspection and maintenance of civil construction activities to ensure an effective and functional water system, wastewater system, transportation system, and stormwater drainage system; and
C. Establish provisions for the recording of civil construction activities. (Ord. 1169 § 6, 2009).
12.06.020 Definitions.
For the purposes of this chapter, the definitions listed under this section shall be construed as specified in this section:
“Civil construction activity” means manmade action to install or create civil improvements.
“Civil engineer” means a professional engineer licensed to practice in the state of Washington in civil engineering.
“Civil improvement” means a manmade object or entity that benefits humankind or mitigates the impact of humankind, including, but not limited to, motorized and nonmotorized ways of travel, street lighting, stormwater facilities, underground utilities, and overhead utilities, both public and private.
“Development” means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, utilities, placement of manufactured home/mobile home, mining, dredging, clearing, filling, grading, paving, excavation, drilling operations, or the subdivision of property. (Ord. 1169 § 6, 2009).
12.06.030 Authority.
The public works director (director), or an assignee, shall have the authority to administer and enforce this code. The director shall also have the authority to develop and implement procedures to administer and enforce this code. The director may approve, conditionally approve, or deny an application for activities regulated by this code. (Ord. 1169 § 6, 2009).
12.06.040 Applicability.
The provisions of this code shall apply to all civil construction activities not regulated by Chapter 12.02 GHMC or Chapter 14.40 GHMC, both public and private, within the city and:
A. Performed within the city’s right-of-way; or
B. On private property that may impact access to the city’s right-of-way; or
C. On private property whose stormwater runoff may impact an adjacent property or water body; or
D. Modifies or connects a nonsingle-family residential utility on private property that connects to a city-owned utility; or
E. On private property that creates a public street; or
F. On private property that creates or modifies a private street. (Ord. 1169 § 6, 2009).
12.06.050 Exemptions – Emergencies.
A. The following are exempt from the requirements of this code:
1. Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way.
2. Road construction and/or maintenance activities undertaken by the Gig Harbor public works department shall be exempt from the administrative requirements of this code, but shall comply fully with the technical requirements contained herein.
3. A structure authorized by a valid building permit. This shall not exempt the placement of any civil improvements beyond the limits of the basement or footing excavations of structures.
B. Owners who perform emergency civil construction activities during or after periods of extreme weather conditions when done to protect life or property shall apply for a civil permit no later than one month after the period of extreme weather conditions has passed. (Ord. 1169 § 6, 2009).
12.06.060 Variances.
The director may grant a variance from the provisions of this code; provided, that all criteria are met as adopted in GHMC 12.16.010. (Ord. 1169 § 6, 2009).
12.06.070 Permit requirements.
The director shall establish requirements for the submittal of civil permits, subject to the following criteria:
A. Each applicant shall first file a written permit application on a form furnished by the city for that purpose.
B. All site development activities shall comply with the standards, specifications and requirements contained in GHMC Titles 12, 13, and 14.
C. Before accepting a permit application, the permit authority shall collect a permit fee. Such fee shall be determined according to the standard fee schedule approved by the city council by resolution.
D. The director shall establish a checklist demonstrating the information that shall be provided by the applicant for review of a civil permit.
E. Time Limitation on Permit Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing and expired, unless such application has been pursued in good faith or a permit has been issued; except that the director is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing with justifiable cause demonstrated.
F. Time Limitation on Approved Civil Permit. A civil permit that has been approved more than 180 days before construction begins (i.e., a preconstruction meeting scheduled and inspection fees paid) shall be subject to an additional review prior to commencement of construction based on the hourly rate as established for third submittal.
G. Time Limitation on Approved Civil Permit under Construction. A civil permit that has been approved and construction related to the permit has begun (i.e., a preconstruction meeting has been held and inspection fees paid) shall expire 180 days after construction has begun unless such construction has been pursued in good faith; except that the director is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing with justifiable cause demonstrated.
H. Record Drawings. The applicant shall provide to the city both a final record drawing and a final record survey of the proposed development, each in both mylar format and digital format. These drawings shall be have the seal of a civil engineer and be provided after the city accepts the construction improvements shown on the civil plans but prior to any certificate of occupancy for any buildings or structures located on the site plan. The digital format of the drawings shall be in AutoCAD compatible file and include all improvements in the right-of-way and all stormwater, water, and sewer utilities. The horizontal datum shall be NAD 1983 HARN State Plane South FIPS 4602 feet, or as otherwise approved by the director. The vertical datum shall be NGVD 29, or as otherwise approved by the director. (Ord. 1169 § 6, 2009).
12.06.080 When a professional civil engineer is required.
Unless otherwise exempted by the Gig Harbor Municipal Code, civil permit applications shall require the submittal of documents prepared by a civil engineer. (Ord. 1169 § 6, 2009).
12.06.090 Permit modifications.
Proposed modifications to an approved civil permit must be submitted to the director and be reviewed for compliance with this code. Substantial proposed modifications, as determined by the director, shall require additional review fees and shall require re-issuance of the required permit. Minor proposed modifications may be accepted by the director without requiring the re-issuance of the accepted permit or the payment of additional review fees. (Ord. 1169 § 6, 2009).
12.06.100 Financial guarantees.
The owner shall submit financial guarantees as a guarantee of performing the work provided by an approved civil permit and as a guarantee of maintenance of the completed work. Financial guarantees may include bonds, cash set-asides, irrevocable lines of credit, or other types of guarantees accepted by the director and approved by the city attorney. At no time shall the financial guarantee for a civil permit duplicate financial guarantees for the same scope of work. The financial guarantees for a civil permit shall be provided as follows:
A. Performance Guarantee. Prior to the issuance of a civil permit, the owner of the project shall submit a financial performance guarantee for all work related to the improvements proposed by the civil permit. The guarantee shall be in a form acceptable to the city attorney. The value of the financial performance guarantee shall be 125 percent of the project civil engineer’s opinion of probable cost as approved by the director.
B. Maintenance Guarantee. Prior to release of a performance guarantee(s), the owner of the project shall submit a financial maintenance guarantee for a period of two years from the date of the release of the performance guarantee for all work related to the completed improvements. The guarantee shall be in a form acceptable to the city attorney. The value of the financial maintenance guarantee shall be 15 percent of the project civil engineer’s opinion of probable cost as approved by the director. (Ord. 1169 § 6, 2009).