Chapter 17.08


17.08.010    Short title.

17.08.020    Definitions – Construction.

17.08.030    Permit – Required.

17.08.040    Permit – Application.

17.08.050    Permit – Invasion mitigation fee.

17.08.060    Permit – Inspection – Falsification unlawful.

17.08.070    Surety bond – Required.

17.08.075    Acceptance of conveyance of deeds and easements required for development approval.

17.08.080    Removal and protection of utilities.

17.08.090    Prompt completion of work.

17.08.100    Emergency work – Public works director’s authority.

17.08.110    Emergency work – Permit waiver – Conditions.

17.08.120    Preservation of monuments.

17.08.130    Inspections.

17.08.140    Provisions not applicable to city work.

17.08.150    Insurance.

17.08.160    Liability of city.

17.08.010 Short title.

The ordinance codified in this chapter shall be known and may be cited as the street construction ordinance of the city. (Ord. 1633 § 1, 1996).

17.08.020 Definitions – Construction.

For the purposes of this chapter, definitions shall be as identified in BMC Title 11, Administration of Development Regulations, and in the Bothell Standards. Where conflicts arise on the interpretation of definitions, subject to public works codes and standards, the public works director shall make the final determination of word usage.

When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory. (Ord. 1633 § 1, 1996).

17.08.030 Permit – Required.

It is unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person has first obtained the necessary permits. (Ord. 1633 § 1, 1996).

17.08.040 Permit – Application.

No permit shall be issued unless a written application for the issuance of applicable permit(s) is submitted to the Bothell public works department. The written application shall state the name and address of the applicant, the nature, location and purpose of the work, the date of commencement and date of completion of the work, and other data as may reasonably be required. The application shall be accompanied by the required number of plans, details, calculations, specifications and estimates as established by the public works director. The following permits apply to the various work:

A.    Right-of-Way Invasion Permit. A right-of-way invasion permit shall be required whenever any street work as defined in BMC 17.08.030 is performed in the right-of-way.

B.    Grading Permit. A grading permit shall be required whenever grading activities are performed. (Ord. 1633 § 1, 1996).

17.08.050 Permit – Invasion mitigation fee.

It shall be a requirement for anyone to secure a right-of-way invasion permit to pay a fee, to be established by the city council by resolution, to mitigate the impact of the invasion of the city street on the life and required maintenance for the street resulting from the street invasion. “Person” as used herein means any individual, association, firm, partnership, corporation and governmental unit, subdivision or agency. The funds received by the city from the payment of the fee required by this section shall be accounted for separately and used exclusively for use in city street overlay and reconstruction projects and to offset the costs of acquiring and maintaining a pavement management system to more effectively monitor the condition and maintenance/repair requirements of city streets. (Ord. 1761 § 1, 1999).

17.08.060 Permit – Inspection – Falsification unlawful.

It shall be duty of the permittee under this chapter to produce their permit when demanded by a city official at the site of the permitted work. It is unlawful for any person to exhibit a permit at or about any construction activity not covered by such permit, or to misrepresent the number of the permit or the date of expiration of the permit. (Ord. 1633 § 1, 1996).

17.08.070 Surety bond – Required.

A surety bond shall be provided by the permittee according to the requirements established in the Bothell Standards. (Ord. 1633 § 1, 1996).

17.08.075 Acceptance of conveyance of deeds and easements required for development approval. *

All deeds or easements conveying streets, right-of-way or easements required as condition of development of permit approval may be accepted on behalf of the city by the city manager upon approval by the city attorney as to form of the conveyance and compliance with applicable city ordinances and conditions of development or permit approval. (Ord. 1804 § 2, 2000).

*    Code reviser’s note: Ordinance 1804 adds these provisions as Section 17.08.080. The section has been editorially renumbered to prevent duplication of numbering.

17.08.080 Removal and protection of utilities.

The permittee shall not interfere with any existing utility without the written consent of the public works director and the utility company or person owning the utility. A permit shall be required according to the requirements established in the Bothell Standards. (Ord. 1633 § 1, 1996).

17.08.090 Prompt completion of work.

The permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable, and in any event not later than the date specified in the permit therefor. (Ord. 1633 § 1, 1996).

17.08.100 Emergency work – Public works director’s authority.

If in the judgment of the public works director, traffic conditions, the safety or convenience of the traveling public or the public interest require that the permitted work be performed as emergency work, the public works director shall have full power to order, at the time the permit is granted, that a crew and adequate facilities be employed by the permittee 24 hours a day to the end that such work may be completed as soon as possible. (Ord. 1633 § 1, 1996).

17.08.110 Emergency work – Permit waiver – Conditions.

In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining a permit under this chapter, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for a permit not later than the end of the next succeeding day during which the public works director’s office is open for business, and shall not proceed with permanent repairs without first obtaining a permit under this chapter. (Ord. 1633 § 1, 1996).

17.08.120 Preservation of monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the public works director. All street monuments, property corners, bench marks and other monuments disturbed during the progress of the work shall be replaced by the public works director and the cost of the same shall be paid by the permittee. (Ord. 1633 § 1, 1996).

17.08.130 Inspections.

The public works director shall make such inspections as are reasonably necessary in the enforcement of this chapter. When so made, the permittee shall pay for such inspections at the city’s cost. The public works director shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. Chapter 17.10 BMC, Street Cleaning, shall also apply to work included in this chapter. (Ord. 1633 § 1, 1996).

17.08.140 Provisions not applicable to city work.

The provisions of this chapter shall not be applicable to any work under the direction of competent city authorities by employees of the city or by any contractor of the city performing work for and on behalf of the city necessitating openings or excavations in streets. (Ord. 1633 § 1, 1996).

17.08.150 Insurance.

The applicant shall provide the forms and amounts of insurance established in the Bothell Standards. (Ord. 1633 § 1, 1996).

17.08.160 Liability of city.

This chapter is for the benefit of the public at large and not for any individual or classification and shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any permitted work for which permit is issued under this chapter; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any work. (Ord. 1633 § 1, 1996).