Chapter 12.05
UTILITY FACILITIES
Sections:
12.05.040 Permits – Conditions.
12.05.060 Standards for restoration.
12.05.090 Inspection and acceptance.
12.05.100 Hold harmless agreement.
12.05.010 Purpose.
The purpose of this chapter is to provide minimum standards, provisions and requirements for construction of private and public utilities within, along and/or across any and all streets, avenues, roads, alleys, lanes and other public rights-of-way in the town of Beaux Arts Village, Washington, and to provide for the collection of fees, for the issuance of permits, for the inspection and restoration, and for methods of enforcement of the provisions of this chapter. [Ord. 150 § 1, 1980]
12.05.020 Permits required.
Before any work is commenced in a public right-of-way for the construction of any public or private utility, a commercial ROW use permit must be obtained from the town. Application shall be made by either the public utility authorized to operate within the town, a licensed contractor duly authorized by the state of Washington, or by the owner of the premises being served. Application shall be made to the town engineer and shall be accompanied by a drawing of the facility to be installed, all appurtenances, the locations and relative position to existing streets, avenues, roads, alleys, lanes and other rights-of-way. [Ord. 435 § 1, 2018; Ord. 150 § 2, 1980]
12.05.030 Fees.
Repealed by Ord. 435. [Ord. 150 § 3, 1980]
12.05.040 Permits – Conditions.
All permits are to be issued subject to this chapter and Chapter 12.20 BAVMC (“Commercial Right-of-Way Use Code”) and shall contain an undertaking by the permittee that restoration shall be performed as required by this chapter and Chapter 12.20 BAVMC, the restored street surface shall not fail within one year of acceptance, and the permittee shall reimburse the town for the cost of restoration and/or repair in the event of a breach of the requirements for restoration, or in the event of a failure of such surface within one year. [Ord. 435 § 3, 2018; Ord. 150 § 4, 1980]
12.05.050 Permits – Lapse.
Permits shall lapse and become void on the sixtieth day following issuance unless street opening work is commenced during such 60-day period. When a permit lapses, no street opening work may be performed until a new permit is issued. The fee payable for such new permit shall be in accordance with BAVMC 12.05.030. [Ord. 150 § 5, 1980]
12.05.060 Standards for restoration.
The permittee shall be directly responsible to the town for proper restoration of pavements and rights-of-way. All restoration shall be to a condition at least equal to that which existed prior to the permittee’s work. If restoration work is unduly delayed, the town engineer shall have authority to complete the restoration, and the owner shall pay for such restoration forthwith. The engineering standards for the town shall be the basis for restoration. The latest edition of the Standard Specifications for Municipal Public Works Construction, prepared by the American Public Works Association, are the town engineering standards. A paved surface shall be considered to have failed if it subsides more than one-half inch within one year of acceptance by the town engineer. [Ord. 150 § 6, 1980]
12.05.070 Traffic control.
The work shall be carried forward in diligent fashion and in such a manner as to permit practically normal movement of traffic. Flagpersons and barricades shall be provided using the latest edition of Manual on Uniform Traffic Control Devices, published by the U.S. Department of Transportation, as a guide. [Ord. 150 § 7, 1980]
12.05.080 Bond.
Before undertaking any work the permittee may be required to furnish a bond, executed by the permittee and a surety authorized to do a surety business in the state of Washington, in a sum to be set and approved by the town council as sufficient to insure performance of the permittee’s obligations under the permit. [Ord. 150 § 8, 1980]
12.05.090 Inspection and acceptance.
The permittee shall notify the town engineer at least 24 hours in advance prior to backfilling and restoration of any excavations. The town engineer will inspect and accept the work performed as complete. Acceptance by the town engineer shall not relieve the permittee of any obligation to correct or rectify failure or deficiencies due to workmanship or material. [Ord. 150 § 9, 1980]
12.05.100 Hold harmless agreement.
The permittee by the acceptance of the permit hereby agrees for itself, its successors and assigns to protect and save harmless the town of Beaux Arts Village from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of any faulty construction, defective material or equipment or maintenance, or by the improper occupation of said streets, avenues, roads, alleys, lanes, and rights-of-way by the permittee or by reason of the negligent, improper or faulty manner of safeguarding any excavation, temporary turnouts or inefficient operation by the permittee; and in case suit or action is brought against said town for damages arising out of or by reason of any of the above-mentioned causes, the permittee, its successors and assigns will, upon notice to it or them of the commencement of said action, defend the same at its or their sole cost and expense; and in case judgment shall be rendered against the town in such suit or action, the permittee will fully satisfy said judgment within 90 days after said suit or action shall have finally been determined adversely to the town, provided the permittee herein, its successors and assigns shall have the right to employ its or their own counsel in any cause or action or be given the management of the defense thereof. [Ord. 150 § 10, 1980]
12.05.110 Penalties.
Anyone violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and may upon conviction thereof be punished by a fine not exceeding $500.00 or by imprisonment in the County Jail not exceeding 90 days, or by both such fine and imprisonment. [Ord. 150 § 11, 1980]