Chapter 13.10
PERMITS

Sections:

13.10.010    Permit required.

13.10.020    Validation of prior permits.

13.10.030    Permit decision criteria.

13.10.040    Types of right-of-way transactions.

13.10.050    Permit exemptions.

13.10.060    Limitations on permits.

13.10.070    Legal compliance.

13.10.080    Permit application.

13.10.090    Defense, hold harmless, and indemnification.

13.10.100    Insurance.

13.10.104    Security devices - general provisions.

13.10.106    Performance security.

13.10.108    Maintenance security.

13.10.112    Security devices- form and amount.

13.10.114    Extension of security device.

13.10.116    Notice of noncompliance and collection of proceeds.

13.10.118    Emergency work by the county.

13.10.122    Reimbursement of costs.

13.10.124    Delayed construction - Performance security.

13.10.130    Inspections.

13.10.140    Traffic control.

13.10.150    Assignments.

13.10.160    Renewals.

13.10.170    Suspension or revocation.

13.10.180    Pavement markings and signage necessitated by private development or utility projects.

13.10.010 Permit required.

It is unlawful for anyone to make any use of any right-of-way for other than transportation and uses incidental thereto or as otherwise provided by this chapter without a right-of-way use permit and/or franchise as provided in this title and complying with all the provisions thereof, and any code or statutory provisions applicable to said use.

(Added Ord. 85-051, § 3, July 3, 1985).

13.10.020 Validation of prior permits.

All permits and franchises granted by the department before the effective date of this title shall continue in full force and effect until their respective expiration dates; PROVIDED, That any such permit or franchise shall be subject to this title except where the conditions of the permit or franchise are inconsistent herewith. And PROVIDED FURTHER, That this title shall not impair the obligations of any existing franchise. All renewals and extensions of any such permit or franchise are subject to all of the provisions of this title.

(Added Ord. 85-051, § 3, July 3, 1985; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.030 Permit decision criteria.

The requirements for approval of a permit to use right-of-way vary with the type of activity involved as provided in this title. In reviewing any application for approval, the following and other appropriate criteria may be considered:

(1) Length of time of right-of-way use;

(2) Disturbance of right-of-way surface;

(3) Requirements for public health and safety;

(4) Disruptions of usual public use;

(5) Risks of damage to right-of-way;

(6) Costs to the county for services;

(7) Effect on private property;

(8) County use of the right-of-way;

(9) Risks of spills and debris in the right-of-way; and

(10) Condition of existing road and right-of-way.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 11, June 12, 1996, Eff date June 29, 1996).

13.10.040 Types of right-of-way transactions.

For the purposes of processing, right-of-way transactions are classified as follows:

(1) Type A: Permits involving, but not limited to, those parts of parades or runs that take place within the public right-of-way. See chapter 13.30 SCC.

(2) Type B: Permits involving the movement of vehicles, materials, and structures, commercial hauling, other similar activities, and road closures, which have the potential to disturb existing features, improvements, other vehicles or pedestrians within the right-of-way. See chapter 13.40 SCC.

(3) Type C: Permits involving the long or short term placement and use of objects or features, or, non land development related construction, with minor or no disturbance of improvements within the right-of-way. See chapter 13.50 SCC.

(4) Type D: Permits involving construction activities that disturb the roadway and other features within the right-of-way. See chapter 13.60 SCC.

(5) Type E: Permits involving miscellaneous long-term use of the right-of-way including right-of-way leases, deeds and easements, establishments, franchises, vacations, latecomers cost recovery, and road improvement districts. See chapter 13.70 SCC.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 91-197, Dec. 18, 1991; Amended Ord. 96-028, § 12, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.050 Permit exemptions.

Right-of-way use Type B through E permits will not be required for:

(1) Activities requiring a license or permit pursuant to the general business license and regulations of title 6 SCC.

(2) Utility purveyors with a franchise or a Type C10 permit when responding to emergencies that require work in the right-of-way such as repair of water or sewer main breaks, gas leaks, downed power lines or poles, except for when the new pole placement is substantially different from the original; provided, that the responding utility purveyor shall notify the department, verbally or in writing, as soon as practicable following onset of an emergency and shall apply for an appropriate right-of-way permit at that time.

(3) The installation of mailboxes or newspaper delivery receptacles; provided, that the engineer may order such facilities moved or removed if the engineer believes the facilities have been constructed or located so as to constitute an unsafe condition.

(4) Road maintenance activities and road construction projects undertaken directly by or under contract with the department of public works, except that the engineer may require right-of-way use permits when the contract is for the construction of improvements proposed by a private land developer. At the discretion of the engineer, relocation of utilities to provide for activities and construction undertaken directly by or under contract with the department may also be exempt when review and inspection will be conducted as part of the department’s policies.

(5) Temporary political signs. As right-of-way is found to be part of a traditional public forum, temporary political signs may be placed within the opened right-of-way; provided, that each of the following conditions is met:

(a) Persons placing such signs in the opened right-of-way shall comply with all applicable laws, rules and regulations governing political advertising and campaign contributions, including chapters 42.17 and 42.17A RCW and chapter 390-18 WAC.

(b) Such signs shall not create a traffic safety hazard by obstructing sight distance requirements in accordance with the EDDS adopted under chapter 13.05 SCC, or block access for vehicles or pedestrians.

(c) Such signs shall not be placed on or within the portion of the roadway used for either the passage or parking of vehicles or for pedestrians.

(d) Such signs shall comply with all applicable laws, rules and regulations governing the size, design, location and placement of signs, including, but not limited to, WAC 468-66-050, SCC 30.27.010, the EDDS and SCC 30.27.070.

(e) If placed within a right-of-way area maintained by the abutting property owner, or organization, permission must be obtained from such owner or organization prior to sign placement.

(f) Such signs shall be freestanding, and not attached to any utility structure or pole; traffic sign, device or guardrail; tree or shrub; or any other structure within the opened right-of-way.

(g) The maintenance, removal, and liability due to placement of such signs shall be the sole responsibility of the person(s) or organizations placing them. The county will assume no responsibility nor liability for such signs, and reserves the right to remove, without notice, signs not complying with this section.

(6) Litter control or other roadside improvement activities conducted under the department of public works’ adopt-a-road program.

(7) Trimming, pruning, or removal, by an abutting property owner, of weeds, grass, brush, blackberries and other similar vegetation located on the first 10 feet of an unopened deeded right-of-way abutting the property at issue; provided, that:

(a) Significant trees, as that term is defined in title 30 SCC, shall not be removed; and

(b) Any landscaping existing in the unopened right-of-way placed pursuant to a Type C, D3 or D4 permit shall not be disturbed.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 13, June 12, 1996, Eff date June 29, 1996; Ord. 02-098, December 9, 2002, Eff date February 1, 2003; Ord. 08-078, June 25, 2008, Eff date July 7, 2008; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013).

13.10.060 Limitations on permits.

(1) Unless otherwise stated in this title, any right-of-way use permit shall expire one year from the date of issuance, unless earlier suspended or revoked in accordance with SCC 13.10.170 or renewed in accordance with SCC 13.10.160. PROVIDED, that the expiration date for a Type D permit may be established to coincide with the expiration date of the title 30 SCC land disturbing activity or construction permit(s) associated with the permitted right-of-way improvements.

(2) Unless otherwise stated in this title, permits may be renewed in accordance with SCC 13.10.160.

(3) Permits may be amended by the engineer at any time to provide for other uses of the right-of-way, in accordance with this title.

(4) Unless expressly provided by the conditions of the permit, franchise, or applicable law, all permits and franchises shall be:

(a) Subject to the public’s right to travel on the right-of-way;

(b) Permissive only; and

(c) Grant no permanent rights.

(5) The expiration date for all Type C and E permits shall be determined by the engineer as noted on the permit.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 14, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.070 Legal compliance.

Nothing in this section or title shall avoid compliance by an applicant or permittee with all other applicable laws, statutes, including the state environmental policy act (chapter 43.21C RCW) and the shoreline management act (chapter 90.58 RCW), code provisions, including Title 30 SCC. The applicant shall have the burden of securing any other permit, license, or legal approval required to undertake the use proposed by the applicant. Where any applicant or permittee has failed to comply with all legal conditions precedent to his proposed use, his application shall be denied and any permission granted under this chapter and associated regulations shall be revoked.

(Added Ord. 85-051, § 3, July 3, 1985; Ord. 02-098, December 9, 2002, Eff date February 1, 2003).

13.10.080 Permit application.

(1) Application for any permit required by this chapter shall be on a form provided by the department and shall be accompanied by fees as provided in chapter 13.110 SCC. By signing and submitting the application, the applicant agrees to comply with all pertinent provisions of this title. By submitting an application electronically, the applicant signifies his or her agreement to all pertinent provisions of this title.

(2) Applications for the following Types of right-of-way use permits shall expire and become void at the times specified below:

(a) For Type A, B or C permits, one year from the date the application is submitted;

(b) For Type D permits, except for Type D3 or D4, at the same time as the expiration date of any related title 30 SCC land disturbing activity or construction permit applications;

(c) For Type D3 or D4 permits, six months from the date the application is submitted; and

(d) For Type E permits, 24 months from the date of application, except that the director may extend the term of the application if the director determines the applicant is actively engaged in procuring the Type E permit at issue.

(3) Where required by the engineer, drawings, diagrams and/or construction plans showing the location and detail of any facility to be placed within the right-of-way shall be part of the application. Applications which do not contain all information requested shall not be considered.

(4) The engineer shall examine each application to assure compliance with the provisions of this chapter and department procedures. The engineer may make such further inquiry or investigate any circumstances with respect to an application as the engineer deems appropriate.

(5) If the engineer, after report from other affected departments and offices as provided elsewhere in this title, concludes that the granting of the application will cause no additional hazard to users of the road involved nor interfere with the rights of the public or others, including abutting owners, and complies with the provisions of this title, the engineer shall grant the permit upon such terms and conditions as are necessary to protect the public health, safety, and welfare.

(6) Granting of a franchise or permit does not imply county responsibility for the design, construction, or operation of the facility or for public safety during the facility’s installation, operation, or maintenance.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 15, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.090 Defense, hold harmless, and indemnification.

Any permit, agreement, or franchise shall provide that the applicant/permittee/franchisee shall defend the county and its elected and appointed officials, officers and employees against any claim, and hold harmless and indemnify the county and its elected and appointed officials, officers and employees for any loss arising out of the applicant’s/permittee’s/franchisee’s use of the right-of-the-way. The defense, hold harmless, and indemnification provisions in any permit, agreement, or franchise shall be prepared by the department in consultation with the prosecuting attorney and the risk manager.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 16, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 08-103, August 27, 2008, Eff date Sept. 6, 2008).

13.10.100 Insurance.

The engineer shall determine in consultation with the county risk manager whether there is a risk of potential liability to the county arising out of any proposed use of any right of way. If the engineer determines that there is such a risk, he/she may require the permittee or franchisee to obtain insurance and maintain such insurance for the term of the permit or the franchise. The engineer will determine the nature and extent of any required insurance in consultation with the risk manager.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 17, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 08-103, Aug. 27, 2008, Eff date Sept. 6, 2008).

13.10.104 Security devices - general provisions.

(1) To ensure all development activities requiring a permit under this title are satisfactorily performed and completed in accordance with the requirements of this title, including any approved plans, specifications and other conditions or requirements related to permit approval, the engineer may require the applicant to provide security devices in accordance with this chapter.

(2) Two separate types of security devices may be required by the engineer, each of which shall serve a distinct purpose:

(a) "Performance security" shall mean a security device to ensure all development activities requiring a permit under this title are performed and completed within the time specified and in accordance with the approved plans, specifications, permit or approval requirements or conditions, and all applicable federal, state and local laws, regulations and policies.

(b) "Maintenance security" shall mean a security device to ensure that all development activities requiring a permit under this title and construction activities undertaken in proposed rights-of-way pursuant to title 30, function correctly and are maintained by the permittee for the duration of the time specified and in accordance with the approved plans, specifications, permit or approval requirements or conditions, and all applicable federal, state, and local laws, regulations and policies.

(3) All security devices required under this title shall provide for:

(a) Forfeiture to the county and the right for the county to withdraw funds upon failure of the permittee to complete any development activities in accordance with the approved plans, specifications, permit or approval requirements or conditions, and time limits.

(b) The county’s interest in any security device required pursuant to this chapter shall be assignable, without obtaining a re-issuance of the security device, to an annexing municipality in the event the real property covered by the surety device is annexed prior to either completion of the work secured by a performance security or final acceptance and release of the security device for that work covered by a maintenance or performance monitoring security.

(4) Exemption for public agencies. In accordance with RCW 36.32.590, state agencies and units of local government, including school districts, shall not be required to secure the performance of permit or approval conditions or requirements with a security device. State agencies and units of local government, including school districts, are required to comply with all requirements, terms, and conditions of the permit or approval, and the county may enforce compliance by withholding certificates of occupancy or occupancy approval, by administrative enforcement action, or by any other legal means.

(5) Private utilities not exempted under RCW 36.32.590 holding a franchise issued pursuant to chapter 13.80 SCC and having a current franchise bond or other franchise security device in place, shall not be required to post a performance security or maintenance security under this chapter if the available amount of the franchise security device is greater than or equal to the amount of the security device that would otherwise be required by this chapter.

(6) If the county is required to complete any development activities as authorized under SCC 13.10.116, the permittee is responsible for all costs incurred in completing any development activities covered by the security device. The permittee shall reimburse the county for reasonable costs exceeding the amount of the security device.

(7) When the county uses the proceeds of a security device as authorized under SCC 13.10.116 the county shall provide the permittee with an itemized statement of expenditures and the county shall return, without interest, any overpayment made by the issuer of the security device.

(8) Release by the county of the final performance security related to construction permitted pursuant to this title shall constitute final construction acceptance of the constructed facilities.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.106 Performance security.

(1) Prior to issuance of any permit or approval authorized under this title, the engineer may require the applicant to provide a performance security guaranteeing, to the satisfaction of the engineer, right-of-way restoration and/or completion of the proposed construction authorized or required by the permit.

(2) Unless otherwise provided in this title a performance security shall remain in effect through the life of the permit that authorizes the development activity, including all extensions, and until released by the department.

(3) A performance security shall not be released until all development activity is performed by the permittee to the satisfaction of and is accepted by the engineer, and if required, a maintenance security has been accepted.

(4) The amount released shall be reduced by any sum forfeited to the county as provided in SCC 13.10.116 or SCC 13.10.118, unless the total required amount of the security device has been re-established, in which case the total amount of the security device shall be released.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.108 Maintenance security.

(1) After the department has approved and accepted the development activities performed within existing right-of-way pursuant to a permit in accordance with this title, or future right-of-way pursuant to a permit in accordance with title 30 SCC, the engineer may require the permittee to provide a maintenance security guaranteeing the workmanship, materials and continued function of the completed development.

(2) Unless otherwise provided in this title, a maintenance security shall remain in effect for a period of two (2) years after final inspection and acceptance by the county of all development activities specified by the approved plans for which a performance security was required.

(3) When a permittee completes improvements to existing right-of-way pursuant to this title, or to future right-of-way and drainage facilities pursuant to title 30 SCC, the maintenance security required in accordance with SCC 13.10.108(1) and the maintenance security required in accordance with title 30 SCC for drainage facility improvements shall be combined into one maintenance security with the same start and end date. However, the maintenance security may be divided into separate securities for right-of-way and drainage improvements if special circumstances exist and approval is granted by both the engineer and the director of planning and development services.

(4) A maintenance security shall be released at the end of the time covered by the security provided that the facility is operating as required, as determined by the engineer.

(5) The amount released shall be reduced by any sum forfeited to the county as provided in SCC 13.10.116 or SCC 13.10.118, unless the total required amount of the security device has been re-established, in which case the total amount of the security device shall be released.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.112 Security devices- form and amount.

(1) A security device shall be made on the forms as provided by the department or in a form acceptable to the director. The following general types of financial sureties may be used as security devices:

(a) Bond;

(b) Letter of credit;

(c) Assignment of funds or account;

(d) Other form of security device as may be specifically approved by the director of finance.

(2) Unless otherwise provided in this title, the security device amount shall be as follows:

(a) The amount of a performance security will be 110 percent of the total estimated cost, as determined by the engineer, of guaranteeing right-of-way restoration and/or completion of the proposed construction authorized or required by any permit under this title.

(b) The amount of the maintenance security shall be 20 percent of the actual documented in place cost of the development activities secured by the device. However, if the total cost of the development activities exceeds one million dollars the amount of the maintenance security shall be 15 percent of the total cost of the development activities.

(3) The amount of all security devices shall include an inflation factor calculated for the term of the security device together with the term of any allowed extensions.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.114 Extension of security device.

The engineer may require the duration of the maintenance security to be extended for a sufficient time not to exceed two (2) years past the original maintenance security end date to ensure the repairs will perform as required if:

(1) Curative or restorative improvements have been made to the work and additional time is required to verify whether such curative or restorative improvements will function and operate as required; or

(2) The applicant has failed to cure defective work or has failed to maintain the improvements after notice from the county, and the engineer determines the applicant has made, or is making, a good faith commitment to ensure that the work will be completed and the improvements will operate as required.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.116 Notice of noncompliance and collection of proceeds.

(1) If the engineer determines that work covered by the security device has not been completed or is not operating as designed and required, the engineer shall notify the permittee, and the issuer of the security device. The notice shall:

(a) Describe the work or improvements that must be completed to prevent the forfeiture of the security device;

(b) Provide a date certain by which the required work or improvements must be completed to the engineer’s satisfaction; and

(c) State that, if the work or improvements are not completed within the time specified, the county will proceed with forfeiture of the security device and use the funds to complete the required work or improvements.

(2) If during the term of the security device the engineer determines that conditions exist which are not in conformance with the approved plans, specifications, permit or approval requirements or conditions, the engineer may issue a stop work order prohibiting any additional development activities until the conditions are corrected. The engineer may seek forfeiture of the security device, or a portion thereof, to correct conditions that are not in conformance with the approved plans, specifications, or permit requirements. The permittee may not proceed with the development activities until the required amount of the security device has been re-established. After the county receives payment from a security device, the county will use the funds to complete the required work or improvements.

(3) In the event the county proceeds with forfeiture of a security device, the issuer of the security device shall, within thirty (30) days of demand of the county, make a written commitment to the county that it will either:

(a) Remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the county; or

(b) Tender to the county within fifteen (15) days the amount necessary, as determined in good faith by the county, to remedy the nonconforming conditions.

(4) Upon completion of either of SCC 13.10.116(3)(a) or (b), the issuer of the security device shall then have fulfilled its obligations under the applicable security device for only those development activities identified by the county in its notice. If the issuer of the security device elects to fulfill its obligation pursuant to the requirements of SCC 13.10.116(3)(b), the county, upon completion of the remedy, shall notify the issuer of the actual cost of the remedy. The county shall return, without interest, any overpayment made by the issuer of the security device, and the issuer of the security device shall pay to the county any actual costs which exceeded the county’s estimate, limited to the total security device amount.

(5) The county may enforce the provisions of this section using any and all available legal or equitable remedies.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.118 Emergency work by the county.

(1) The county may determine an emergency exists when development activities covered by a security device have not been completed, were not completed in conformance with the approved plans, specifications, or permit requirements, or are not operating as required and the engineer determines an emergency situation has been or may be created that may endanger the public health, safety, and welfare and one of the following has occurred:

(a) The nature or timing of the emergency precludes notification of the permittee and security device issuer as provided in SCC 13.10.116; or

(b) the department has attempted to contact the permittee and received no response; or

(c) the permittee was unable to perform the emergency work required.

In the event of an emergency, the county may take action to correct the emergency at the permittee’s expense.

(2) The permittee and security device issuer shall be notified in writing within four (4) days after the county commences emergency work. The notice must state the work that was commenced and the nature or timing of the emergency that necessitated the county to perform emergency work without prior notification.

(3) After completion of the emergency work, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures.

(4) If funds are collected from a security device the permittee may not proceed with work covered by the security device until the required amount of the security device has been re-established.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.122 Reimbursement of costs.

(1) If the county completes any development activities under SCC 13.10.116 or 13.10.118, the permittee shall reimburse the county all costs incurred by the county in completing the work. If the county seeks reimbursement of expenditures by collecting on a security device, the permittee shall reimburse the county for reasonable costs exceeding the amount of the security device.

(2) When the county uses the proceeds of a security device under SCC 13.10.116 or 13.10.118, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures. For funds collected pursuant to SCC 13.10.116 the county shall return, without interest, any overpayment made by the issuer of the security device.

(3) The county may enforce the provisions of this section using any and all available legal or equitable remedies.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.124 Delayed construction - Performance security.

(1) The county engineer, with the concurrence of the director, may approve the delayed construction of certain public improvements in a subdivision or short subdivision when:

(a) The delay will not create adverse operational or safety impacts or create a threat of significant adverse environmental impacts;

(b) The permittee provides the department with a performance security in accordance with SCC 13.10.124(4);

(c) The request is not to delay the construction of retention or detention facilities, storm water treatment facilities and associated stormwater conveyance systems, or erosion and sedimentation control facilities; and

(d) The delayed facilities are constructed to a minimum level of construction as determined by, and acceptable to, the director and county engineer.

(2) Except as approved in SCC 13.10.124(3), construction delayed pursuant to SCC 13.10.124(1) shall be completed within two (2) years of issuance of the performance security.

(3) The director may allow construction approval of a subdivision or short subdivision without the final placement of hot mix asphalt paving on new public roads. The placement of hot mix asphalt paving shall be completed within one (1) year of recording of the subdivision or short subdivision.

(4) The performance security required by SCC 13.10.124(1)(b) shall be in the amount of 150 percent of the estimated cost of all delayed development, as determined by the director taking into account the estimated costs of:

(a) Constructing all facilities as specified in the approved plan;

(b) Monitoring the facilities’ performance;

(c) Designing and constructing any corrective on-site and off-site measures, including other mitigation measures, which may be necessary to correct the effects of inadequate or failed workmanship, materials or design; and

(d) Related incidental and consequential costs, inflation, and the cost of inspection of the work by the department.

(5) The performance security shall remain in effect until final inspection and acceptance by the county of all development specified by the plans whose construction is secured with the performance security.

(6) For good cause shown, the county engineer, with concurrence from the director, may grant an extension of the deadline for completion of development activities imposed by SCC 13.10.124(2) for a time period not to exceed one (1) year.

(7) The performance security required pursuant to this section shall not be released or reduced until a maintenance security, if required, is accepted pursuant to this chapter.

(Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010)

13.10.130 Inspections.

(1) The engineer, with such assistance as is required from the sheriff or other county officials, has the right to make inspections of the right-of-way and any work or installation made thereon by the permittee as the engineer deems appropriate; and the permittee shall not interfere with or prevent such reasonable inspections. Inspection costs are included in the permit fee as provided in chapter 13.110 SCC.

(2) At the discretion of the engineer, inspections to assure compliance with approved plans and/or the conditions of any permit or franchise may be conducted in accordance with one or more of the following:

(a) To assist an applicant in properly defining all permit requirements.

(b) At the start of the permitted right-of-way use or work. Permittees are required to notify the department at least 24 hours in advance of beginning the permitted use or work.

(c) Until the permitted use or work is complete. If there are any questions about the use, safety or quality of a permittee’s actions, additional inspections may be conducted.

(d) At the completion of the permitted use or work at final inspection. Restoration requirements will be carefully reviewed by the assigned inspector(s).

(3) As determined appropriate by the engineer, records of inspection activities will be kept by the department to assure that all permitted right-of-way uses and work are in compliance with county requirements.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 20, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.140 Traffic control.

(1) Traffic control, including detours required on or approaching any site subject to a permit/ franchise shall be in accordance with the EDDS and the current edition of the MUTCD. The engineer may require an applicant to obtain a traffic control (Type B5) permit in accordance with chapter 13.40 SCC where required to protect vehicular or pedestrian traffic or county property.

(2) The department may require an applicant to submit a traffic control plan showing the proposed traffic control and detour routing including location and type of warning lights, safety devices, signs and barricades intended to protect vehicular or pedestrian traffic at the site of the proposed use. The department shall approve the traffic control plan before issuing a permit.

(3) All decisions of the department shall be final in all matters pertaining to the number, type, locations, installation and maintenance of warning and safety devices or use of detours in the right-of-way during any work or activity for which a duly authorized permit has been issued.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 21, June 12, 1996, Eff date June 29, 1996).

13.10.150 Assignments.

No permit or any rights thereunder to move, haul, place or construct objects or features within the right-of-way may be transferred, assigned or sublet. Rights to use the right-of-way for objects or features placed or constructed within the right-of-way under a valid permit that are of a permanent nature and associated with the use of real property may be transferred by the permittee with title to the associated real property, unless otherwise stated in this title or noted on the permit. Any conditions attached to the permit for continued maintenance of the objects or features by the permittee, and continued provision of protection and security to the county in accordance with SCC 13.10.090, SCC 13.10.100 and SCC 13.10.106 shall also be transferred.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 22, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010).

13.10.160 Renewals.

(1) Type A, Type C and Type D7 permits may not be renewed. All other Types of right-of-way permits may be renewed as allowed by this title.

(2) Where renewal of a permit is permitted, the renewal shall be:

(a) Limited to one renewal;

(b) Applied for within 30 days of the expiration of the original permit on an application form provided by the department;

(c) For a time period no longer than the duration of the original permit; and

(d) The duration of the renewal shall be calculated from the expiration date of the original permit.

(3) Fees for permit renewals shall be 50 percent of the total fees as provided in chapter 13.110 SCC; except that the fees for renewal of Type B1, B2, B3 and B4 permits shall be determined at the engineer’s discretion but in an amount not to exceed the total fees for the original permit.

(4) Any application to renew a permit shall be reviewed by the engineer, who may approve, deny, or approve with conditions, regardless of whether or not such conditions were contained in the prior permit.

(5) In addition to any other conditions imposed by the engineer, an application for a renewal must satisfy the following:

(a) Continued use of the right-of-way is essential to complete the work or activity previously authorized;

(b) The permit holder has complied with the conditions of the prior permit and all other applicable requirements;

(c) All required fees, charges and performance deposits have been paid by the permittee;

(d) All required insurance certificates and performance security have been filed with the county and will continue to be in effect through the requested renewal period, and, where required, beyond said period; and

(e) Continuation of the private use of the public right-of-way shall not adversely affect the public health, safety or welfare.

(6) Renewal of a Type D permit whose expiration is tied to related title 30 SCC land disturbing activity or construction permit(s), shall be renewed at the same time, and may have the same expiration date, as the associated title 30 SCC land disturbing activity permit(s).

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 23, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 10-014, April 7, 2010, Eff Date April 29, 2010 and April 29, 2011; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.170 Suspension or revocation.

(1) The engineer may suspend or revoke any permit by giving the permittee written notice thereof if:

(a) The permit was procured by fraud or misrepresentation;

(b) Construction or existence of the permitted activity creates an unsafe condition with respect to the public, public property, any abutting property, or other property, person, or thing lawfully in the right-of-way;

(c) The permittee has breached any provision of the permit and has not cured such breach after being given written notice to do so by the engineer;

(d) The permittee has failed to comply with any provision of this title or any other applicable law, statute, code provision, or regulation;

(e) The permittee has failed to pay any costs, penalties or fees imposed pursuant to this title; or

(f) The permittee has permitted or maintained any nuisance on, in, under or over the right-of-way.

(2) Upon suspension or revocation of any permit, the permittee shall remove any material placed on, over, under or in the right-of-way by the permittee and restore the right-of-way to such condition as existed immediately prior to the permittee’s commencement of work under the permit at issue. If after reasonable notice by the engineer, the permittee fails to do so, such restoration work may be performed by the county to the extent deemed appropriate by the engineer at the sole cost of the permittee. The engineer may take any steps the engineer deems appropriate to collect such costs and all costs of collection, including reasonable attorney’s fees.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 24, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.10.180 Pavement markings and signage necessitated by private development or utility projects.

(1) The installation and removal of pavement markings and signage to open county right-of-way that are necessitated by private development or utility projects, will be performed by the County unless approved otherwise. Scheduling and arrangements shall be made as part of the construction review and approval process.

(2) The permittee, prior to the work being started by the county, shall pay a fee determined by the county that is based on the amount of pavement markings or signage to be installed and/or removed.

(3) In the event the county collects a fee and cannot install the pavement markings, the county shall reimburse one hundred percent of that portion of the fee that is attributable to the pavement markings.

(Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012)