Chapter 14.26
PERMITS FOR STREET CONSTRUCTION

Sections:

14.26.010    Permits.

14.26.020    Applications.

14.26.030    Fees.

14.26.040    Bond required.

14.26.050    Indemnity.

14.26.060    Standards for issuance of permits.

14.26.070    Standards of construction.

14.26.080    Administration.

14.26.090    Appeal.

14.26.100    Affected adjacent property.

14.26.110    Other similar laws unaffected.

14.26.120    Form of surety bond.

14.26.010 Permits.

No person shall commence, continue or allow the continuance of any construction, reconstruction, repair, alteration, grading, cutting upon or over, or drilling, and/or boring under or through, any sidewalk, curb, driveway, alley or street, or any approach or connection onto any public street or alley in the city, without first obtaining a permit from the city as provided in this chapter. (Ord. 970 § 1, 1996).

14.26.020 Applications.

The application for such a permit shall be on forms provided by the public works department to any applicant, and shall contain such information as shall be reasonably necessary to enable the department to determine whether or not a permit should issue under this chapter. (Ord. 970 § 1, 1996).

14.26.030 Fees.

The fee shall be as provided in SMC 3.30.075, which shall be paid to the public works department. Upon payment of such fee, the public works director shall then proceed to act upon the application. (Ord. 970 § 1, 1996).

14.26.040 Bond required.

In cases where the estimated cost of the project properly allocable to that portion of the project situated upon the public right-of-way shall exceed $100.00, the public works director shall require a maintenance and construction bond to be filed with the application for a permit under this chapter in an amount equal to one-half of the estimated cost of the project and conditioned that such work shall be done in accordance with the city’s standards for municipal construction, and guaranteeing the maintenance of the same for a period of two years. (Ord. 970 § 1, 1996).

14.26.050 Indemnity.

The public works director shall have the authority to require the applicant for a permit hereunder to file a bond conditioned to protect and save harmless the city from all claims or damages or injury to other persons by reason of such alteration or work; or, in the alternative, the applicant may provide satisfactory evidence of adequate liability and insurance in the amount of $100,000 and $300,000 for personal injury or death, and $50,000 for property damage. (Ord. 970 § 1, 1996).

14.26.060 Standards for issuance of permits.

The city shall issue a permit when the public works department has determined:

(1) The plans for the proposed project provide sufficient detail to estimate the general costs and nature of the project showing it to be in the public interest; and

(2) The work will be accomplished according to the standards and specifications of the city for public works construction guidelines; and

(3) The project will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and reasonable means of ingress and for affected properties; and

(4) The health, welfare and safety of the public will not unreasonably be impaired. (Ord. 970 § 1, 1996).

14.26.070 Standards of construction.

Construction standards shall be as provided for in the city of Stanwood construction development guidelines adopted in Chapter 14.14 SMC. (Ord. 970 § 1, 1996).

14.26.080 Administration.

The public works director or his/her delegate is charged with the administration of this chapter, including the issuance of permits, inspection of work undertaken thereunder, and approval or disapproval thereof. (Ord. 970 § 1, 1996).

14.26.090 Appeal.

Any person deeming himself aggrieved by any action of the public works director under any part of this chapter shall be entitled to appeal such determination to the city council within a period of 30 days upon giving notice of such appeal to the department so that the same may be regularly noted for hearing at a regular city council meeting. (Ord. 970 § 1, 1996).

14.26.100 Affected adjacent property.

Where the use, convenience and necessity of the public require, the public works department shall have the authority to order the owners or agents in charge of property adjacent to which curb-cuts are maintained to alter the curb-cut in such manner as he shall find reasonably necessary under the circumstances. The notice required by this section shall require completion by permittee within 30 days of the notice, be in writing, and be served upon permittee as required by law. (Ord. 970 § 1, 1996).

14.26.110 Other similar laws unaffected.

Compliance with this chapter shall not excuse full compliance with the provisions of SMC 12.08.100 and 12.08.290, concerning excavation and restoration of streets in connection with installation of sewers. (Ord. 970 § 1, 1996).

14.26.120 Form of surety bond.

In cases where a bond is required of any applicant in lieu of the surety bond required, an applicant may file with the public works department a cash deposit, or other negotiable security in form and substance approved by the city attorney, to guarantee the performance by applicant of his/her obligations to the city. (Ord. 970 § 1, 1996).