Chapter 12.12
PUBLIC WORKS PERMIT
Sections:
12.12.020 Permit – Application.
12.12.040 Additional fee for disruption of new streets.
12.12.080 Compliance with state rules.
12.12.090 Approval of work and restoration – Guarantee.
12.12.100 Existing franchise agreements.
12.12.110 Violation – Penalty.
12.12.010 Permit – Required.
A. Whenever any person, firm or corporation, except city employees or contractors for the city, intends to install any facility in the city right-of-way, including the extension of city utilities, they shall first obtain a permit therefor.
B. Typical facilities covered by this chapter are signposts, utility poles, culverts, underground utilities, curbs, sidewalks or any manner of obstruction and/or construction which disturbs the surface and/or subsurface of the street, sidewalk or right-of-way.
C. A permit may be issued on an annual basis for activities authorized in a franchise agreement which are performed routinely on a frequent, repetitive basis. (Ord. 88-13 § 2)
12.12.020 Permit – Application.
A. Such person, firm or corporation shall first apply for a permit from the city. The permit application shall be accompanied by detailed plans and specifications covering the construction.
B. The permit shall require the approval of the department of public works, and, if the traveled way will be obstructed, notification of the police department shall also be required.
C. All plans shall be stamped by an engineer licensed to practice in the state or shall meet approved standard construction details on file with the city. (Ord. 88-13 § 3)
12.12.030 Permit – Fee.
A. A permit fee of not less than $25.00 shall accompany the application, for all applicants other than a utility subject to a franchise agreement where such franchise provides that the franchise fee is in lieu of any applicable permit fees.
B. For projects with an estimated cost of $15,000 or more, the actual costs incurred by the city will be computed and the costs so incurred will become an additional application fee due the city. (Ord. 88-13 § 6)
12.12.040 Additional fee for disruption of new streets.
A. When an underground utility installation is made within five years after improvement of a street to city standards, a disruption fee in addition to the fees prescribed in LCMC 12.12.030 shall apply. This additional disruption fee shall be five times the estimated cost of restoration as determined by the public works engineer if the installation is made during the first year after the street improvement is completed, four times during the second year, three times during the third year, two times during the fourth year, and equal to the estimated restoration cost during the fifth year; provided, however, the city shall notify all persons utilizing any portion of the city right-of-way under a franchise, and such other special districts and municipal corporations as may be subjected to such disruption fee, as soon as practicable following the final decision of the city to so improve a street.
B. Emergency repairs of underground utilities or work which as a matter of practical necessity can only be made by disruption of a new street are exempt from the requirements of this section. (Ord. 88-13 § 7)
12.12.050 Permit – Appeal.
If the permittee is aggrieved by the decision of the city as to the granting or denial of a permit, the permittee shall have 30 days within which to make written appeal to the city manager, setting forth the reason or reasons for such appeal. Such appeal shall be considered and passed upon by the city council, and the results of such consideration forwarded to the appellant within five days of the hearing thereon. (Ord. 88-13 § 8)
12.12.060 Insurance required.
Prior to commencing work pursuant to the permit granted under this chapter, the permittee or his contractor shall obtain, and maintain during the period of construction, public liability insurance for bodily injury and property damage to public or private persons or property, which insurance shall name the city as an additional insured, and provide coverage for all claims or damages for bodily injury, including wrongful death, to any one person in an amount not less than $250,000 and in an amount of not less than $500,000 on account of any one occurrence, and property damage liability insurance in an amount not less than $100,000 for each occurrence. Proof of such coverage shall be provided to the city, and may be made on an annual basis. (Ord. 88-13 § 9)
12.12.070 Bond required.
Prior to commencement of work with a construction estimate greater than $15,000 under a permit granted pursuant to this chapter, the permittee or the contractor for the permittee shall post with the city a bond with a surety qualified to do a bonding business in the state, or a cash deposit or an assigned savings account or other security acceptable to the city, in an amount equal to 100 percent of the cost of the work as estimated by the city’s public works engineer. Such bond, deposit or other security shall be conditioned upon the permittee or its contractor performing the work pursuant to the terms of this chapter, including the replacement of the street, sidewalk or other right-of-way within the time specified by the director of public works, and the maintenance and guarantee of such work and replacement for a period of one year after the completed job is accepted by the city. (Ord. 88-13 § 10)
12.12.080 Compliance with state rules.
Rules of all state departments having jurisdiction shall be strictly adhered to with respect to safety, construction methods and other state requirements. (Ord. 88-13 § 5)
12.12.090 Approval of work and restoration – Guarantee.
A. All work undertaken, including but not limited to excavation, backfilling, surface restoration, protection of utilities, traffic control, safety precautions, noise and dust control and cleanup, shall be approved by the city, which specifications shall meet or exceed, where necessary, the specifications for public works construction as adopted by the city. All work shall require restoration of the surface to original or better condition in accordance with such specifications.
B. The permittee shall guarantee the work and condition of the street, sidewalk or right-of-way for a period of one year after the completed job is accepted by the city. (Ord. 88-13 § 4)
12.12.100 Existing franchise agreements.
If any existing franchise agreements contain provisions contrary to any of the provisions in this chapter, the terms of the franchise agreement shall control. (Ord. 88-13 § 11)
12.12.110 Violation – Penalty.
Violation of this chapter constitutes a Class B violation as defined in Chapter 1.16 LCMC. (Ord. 2015-10 §§ 5, 6; Ord. 88-13 § 12)