Chapter 12.55
UTILITIES ON CITY RIGHTS-OF-WAY

Sections:

12.55.010    Purpose.

12.55.020    Construction permit – Required.

12.55.030    Construction permit – Application – Generally.

12.55.040    Construction permit – Application – Fees.

12.55.050    Inspection fee.

12.55.060    Construction permit – Application – Review.

12.55.070    Emergency construction permits – Unfranchised utilities.

12.55.080    Policy on accommodation of utilities.

12.55.090    Coordination of right-of-way construction.

12.55.100    Performance guarantee required.

12.55.110    Construction permit – Form.

12.55.120    Notification by permittee of construction commenced.

12.55.130    Enforcement.

12.55.135    Repealed.

12.55.140    Repealed.

12.55.010 Purpose.

The purpose of this chapter is to regulate the granting of right-of-way construction permits and to ensure that utility construction work undertaken pursuant to such permits is consistent with the applicant’s right-of-way franchise from the City, the applicable district comprehensive plan, the critical areas code, the City comprehensive plan, sound engineering and design standards, health and sanitation regulations, and City standards for water mains and fire hydrants. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.010).]

12.55.020 Construction permit – Required.

A. All construction work performed by franchised utilities, telephone and telegraph companies and within City right-of-way shall require a right-of-way construction permit to be issued by the City; provided, that construction work undertaken by the City or under contract to the City or requested by the City due to new construction shall be exempted from this requirement. Construction work shall include but not be limited to the construction and maintenance of waterlines, gas pipes, sewer lines, petroleum pipelines, telephone, telegraph and electric lines, cable TV and petroleum products and any other such public and private utilities.

B. The City, during the construction of capital improvement projects, shall install vacant conduit reserved for the future installation of fiber optic cable in accordance with the City’s I-net and wide area network plans; all capital improvement projects not requiring trenching or modification to the subgrade, such as overlays and shoulder widening, shall be exempted from this requirement. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.020).]

12.55.030 Construction permit – Application – Generally.

Applications for all right-of-way construction permits shall be submitted, in writing, to the City. The application shall contain whatever information, including plans and specifications, which the City shall require. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.030).]

12.55.040 Construction permit – Application – Fees.

Each application requires a fee, imposed by the city council by resolution, payable to the City for the administrative costs and expenses of processing the application. These fees shall be equal to the administrative costs of approving the permit, including but not limited to preparing the permit, review, processing, coordinating review with other departments, preparing environmental documents, etc. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 02-0139 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.040).]

12.55.050 Inspection fee.

A. The permittee shall pay to the department an inspection fee at the rate imposed by the city council by resolution per hour of utility inspection. The fee is in addition to any other City fees and is nonrefundable.

B. The fee shall be collected in accordance with administrative procedures developed by the department. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 02-0139 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.045).]

12.55.060 Construction permit – Application – Review.

A. The department shall coordinate the review by all departments of right-of-way construction permit applications and shall determine whether the proposed construction is consistent with the applicant’s right-of-way franchise from the City.

B. The department shall review and evaluate applications in respect to the hazard and risk of the proposed construction, location of the proposed construction in relation to other utilities in the right-of-way and the adequacy of the engineering and design of the proposed construction.

C. The department shall review and evaluate all applications for right-of-way construction permits for sewer and water main extensions to determine whether the proposed construction is consistent with the sewer or water comprehensive plan approved by the city council. If the facility is not consistent with an approved comprehensive plan, then the construction permit shall not be issued. Applications for those water utilities with Group A nonexpanding public water systems that are not required to prepare comprehensive plans for approval by the city council shall be approved if all other conditions of this chapter are met. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.050).]

12.55.070 Emergency construction permits – Unfranchised utilities.

The City may issue right-of-way construction permits to unfranchised utilities under the following circumstances:

A. When the Seattle-King County department of public health has determined that the proposed work is necessary to address a public health hazard; or

B. When the city manager has determined that the proposed work is necessary to address actual or imminent damage to City right-of-way or to address hazards to users of City right-of-way. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.055).]

12.55.080 Policy on accommodation of utilities.

A. Adoption. “King County Regulations for Accommodation of Utilities on County Road Rights-of-Way, 1997,” or as later amended, is hereby approved and adopted as the City policy for utility installation and maintenance operations within the City of Kenmore street rights-of-way. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.060).]

12.55.090 Coordination of right-of-way construction.

A. The applicant, at the time of submitting an application for a right-of-way construction permit, shall notify all other public and private utility entities known to be using or proposing to use the same right-of-way of the applicant’s proposed construction and the proposed timing of such construction. Any such entity notified may, within seven days of such notification, request a delay in the commencement of such proposed construction for the purpose of coordinating other right-of-way construction with that proposed by the applicant.

B. The City shall also coordinate the approval of right-of-way construction permits with City street improvements and maintenance and may delay the commencement date for the applicant’s right-of-way construction for 90 days or less, except in the case of emergencies, if it finds that such delay will reduce the inconvenience to City street users from construction activities, if it finds that such delay will not create undue economic hardship on the applicant, or if it finds that such delay will allow the City to install conduit for future installation of fiber optic cable.

C. The City shall inform the Washington State Department of Transportation of all right-of-way construction permits issued within the SR 522 right-of-way or within one City block.

D. The City shall review all right-of-way construction permit applications for projects 1,000 feet or longer to determine, within 15 working days, whether the installation of conduit may be needed for the future installation of fiber optic cable to connect City or other public facilities. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.070).]

12.55.100 Performance guarantee required.

Prior to final approval of all right-of-way construction permits, the department shall determine the amount of the performance guarantee necessary to assure compliance with the approved construction plans, applicable State and local health and sanitation regulations, and City standards and to assure proper restoration of the street and the health and safety of the users of the street. If required, the applicant shall submit the financial guarantee consistent with the provisions of KMC Title 21. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.080).]

12.55.110 Construction permit – Form.

The right-of-way construction permit granted shall be in a form approved by and be made subject to all reasonable and necessary terms and conditions imposed by the department. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.090).]

12.55.120 Notification by permittee of construction commenced.

The permittee shall give oral or written notice of the date of commencement of construction to the following agencies: department for all right-of-way construction, Seattle-King County department of public health for construction of waterworks (except for domestic service connections), and city fire marshal for waterworks. Failure to give such notice is grounds for the revocation or suspension of the construction permit. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.100).]

12.55.130 Enforcement.

The city manager and the director of the Seattle-King County department of public health are authorized to enforce the provisions of this chapter, the ordinances codified in it, and any rules and regulations adopted hereunder pursuant to the enforcement and penalty provisions of Chapter 1.20 KMC. [Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.110).]

12.55.135 Productivity and customer service report.

Repealed by Ord. 11-0330. [Ord. 03-0180 §§ 1, 2 (KCC 14.44.115).]

12.55.140 Severability.

Repealed by Ord. 11-0330. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.44.120).]