Chapter 13.12
RIGHT-OF-WAY PERMITS1
Sections:
13.12.020 Permit – Issuance – Fee.
13.12.060 Moratorium of street cuts and excavations.
13.12.005 Definitions.
A. “Applicant” means any person, company, corporation, enterprise, or entity applying for the issuance or renewal of a right-of-way use permit or any person, company, corporation, enterprise, or entity that has been issued a right-of-way use permit.
B. “Private use” means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians.
C. “Right-of-way” means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, landscape (parking) strips, squares, triangles, and other rights-of-way open to the use of the public, and the space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways, landscape strips, and sidewalks which have not been deeded, dedicated, or otherwise permanently appropriated to the city for public use. (Ord. 1770 § 1, 2010).
13.12.010 Permit – Required.
No person or persons, including corporations, firms, companies, individuals, government agencies or officials, or any organization of any kind, may make private use of any public right-of-way without a right-of-way use permit issued by the city, or use any public right-of-way without complying with all provisions of a permit issued by the city, unless such private use falls within the designated exceptions set forth in this chapter. Nothing in this chapter shall be interpreted to prohibit the parking of a properly licensed vehicle within the parking strip adjacent to their property line of sight and street plantings. (Ord. 1770 § 2, 2010; Ord. 1505 § 3, 2001; Ord. 317 § 1, 1960).
13.12.020 Permit – Issuance – Fee.
A. The director shall provide a form for right-of-way use permit applications and charge a fee as established by city resolution.
B. In addition to the above fee, there shall be a required deposit for a right-of-way use permit as established by city resolution to make any type of opening in a city street; provided, that this deposit shall be returned to the applicant upon approval of complete repair of the excavation to the satisfaction of the director. In the event the repair is not made as required within 10 days from the date of the excavation, the director shall then supervise the repair and the amount of the deposit shall be retained by the city to defray the cost of the repair.
C. The fee for the permit shall be collected at the time the permit is issued. Upon approval of the application by the director, a permit is to be filled out and issued to the person paying for the permit; however, bona fide governmental agencies of the federal government or the state of Washington or subdivisions thereof shall be exempt from payment of said fee.
D. This section does not apply to side sewer contractors who have a valid side sewer permit in their possession. Side sewer contractors shall not unduly block any street or alley as determined by the director.
E. Decisions regarding issuance, renewal, denial, or termination of any such permits shall be subject to insurance requirements, bond requirements, indemnification and hold harmless agreements, the capacity of the rights-of-way to accommodate the applicant’s proposed facilities or use, evaluation of competing public interest, and other administrative details determined and administered by the city.
F. Conditions of approval will be identified during the city’s review of the application and may include a certificate of insurance, indemnification and hold harmless agreement, traffic control plan, performance bond, time and use restrictions, video data, status reports, restoration of disturbed right-of-way features, or any other requirements the city deems necessary to protect the right-of-way and public health, safety, and welfare. (Ord. 1770 § 3, 2010; Ord. 1505 § 3, 2001; Ord. 1375 § 18, 1998; Ord. 1173 § 1, 1992; Ord. 665 § 1, 1978; Ord. 317 § 2, 1960).
13.12.025 Consultant services – Fee and deposit.
Repealed by Ord. 1505. (Ord. 1375 § 19, 1998; Ord. 1173 § 2, 1992).
13.12.030 Permit – Validity.
The right-of-way permit shall be valid only for the time designated on the permit. The director shall designate the length of time that the permit shall be valid at the time the permit is issued. The director 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 director may be appealed to the city council upon the application of any person being denied such a permit. (Ord. 1505 § 3, 2001; Ord. 317 § 3, 1960).
13.12.040 Statement of terms.
The terms under which the excavation and the repair thereof are to be made by the person securing the permit shall be stated and printed on the permit, and the director shall inspect the site of the excavation before and after the excavation, to ascertain and make certain that the person making the excavation has completely repaired the area to the satisfaction of the director. Any person or persons who do not make the excavation and repair thereof in accordance with the requirements of the director shall not be granted any further permits requested in future applications until such time as the cost of the proper repair to the excavation has been fully paid for by the person. (Ord. 1505 § 3, 2001; Ord. 317 § 4, 1960).
13.12.050 Liability.
Repealed by Ord. 1505. (Ord. 317 § 5, 1960).
13.12.060 Moratorium of street cuts and excavations.
A. Cuts or excavation shall occur in city streets within five years (60 months) after completion of street improvements, including paving or repaving, are prohibited. No permit shall be issued for any opening, cuts, or excavations in any city street for a period of five years following the date such street was paved or repaved, except as provided for in this section.
B. Exceptions. No permit for excavation shall be issued within this five-year period unless the public works manager or designee determines that:
1. An emergency exists that requires such an excavation to protect the public health, safety, or welfare.
2. The excavation is required to provide new services to buildings or residences constructed subsequent to the completion of the street improvement project that were not reasonably anticipated to be constructed and in need of the services at the time of the completion or resurfacing of the public right-of-way involved.
3. The applicant can perform the proposed work in a manner that shall not disturb the integrity or surface of the street, in the judgment of the public works manager or designee.
C. Anyone causing damage to the road surface shall be required to grind off the upper 0.15 feet a minimum distance of the damage at least 50 feet in each direction and resurface the road with a new layer of hot mix asphalt (HMA) a minimum of 0.15 feet or per the requirements of the city engineer. The width of the repaving shall match the width of the drive aisle.
D. Enforcement. Whenever any person or entity has damaged the public right-of-way, including but not limited to the street, sidewalk, pavement, sewers, drain inlets, curbs, gutters, drainage canals, and catch basins, the city may direct the responsible party and/or adjacent property owner to repair this damage at their own expense. If the person responsible and/or property owner fails or refuses to repair the damage or fails to make a repair in the manner and quality specified by the director, or within the time period specified, the city may make the repair and charge the costs and expense against the responsible party. (Ord. 2061 § 1, 2022).
For statutory provisions authorizing third-class cities to regulate sidewalks and streets, see RCW 35.24.290(3).