Chapter 4.16
CONSTRUCTION STANDARDS
Sections:
4.16.010 General construction standards.
4.16.030 Right-of-way use permits.
4.16.050 Engineer’s certification.
4.16.060 Traffic control plan.
4.16.080 Appeal of administrative decision.
4.16.090 Compliance with permit.
4.16.110 Survey of underground facilities.
4.16.130 Completion of construction.
4.16.150 Restoration after construction.
4.16.160 Landscape restoration.
4.16.190 Responsibilities of the owner.
4.16.010 General construction standards.
Notwithstanding any provision of this title, no person shall commence or continue with the construction, installation, maintenance, or repair of cable, open video or telecommunications facilities within public ways of the city or upon city-owned property, except as provided in this chapter. (Ord. 293 (part), 2000)
4.16.020 Construction codes.
Cable and telecommunications facilities shall be constructed, installed, operated, and maintained in accordance with all applicable federal, state and local codes, rules and regulations. (Ord. 293 (part), 2000)
4.16.030 Right-of-way use permits.
No person shall construct, install, repair, or maintain any cable, open video or telecommunications facilities within the public ways of the city or upon city property without first obtaining the appropriate right-of-way use permit(s) therefor, including those required by this chapter and such other provisions of this code which are applicable, provided, however:
A. No right-of-way use permit shall be issued for the construction or installation of cable, open video or telecommunications facilities within the city unless the cable operator or telecommunications carrier has filed an application for a business license pursuant to the then-current requirements of this code;
B. No permit shall be issued for the construction or installation of telecommunications facilities in the public ways unless the cable operator or telecommunications carrier or provider has applied for and received an authorization or franchise pursuant to this title;
C. No permit shall be issued for the construction or installation of cable, open video or telecommunications facilities without payment of any applicable right-of-way use permit fee; and
D. No permit shall be issued for the construction or installation of telecommunications or other equipment on city property unless the telecommunications carrier or provider has applied for and received a facilities lease from the city. The city council reserves unto itself the sole discretion to lease city property for telecommunications and other facilities, and no vested or other rights shall be created by this section or any provision of this chapter applicable to such facilities leases.
The procedures for approval of a right-of-way use permit request and the requirements for a complete application shall be made available in writing to any interested person. (Ord. 293 (part), 2000)
4.16.040 Applications.
Applications for permits to construct cable, open video or telecommunications facilities shall be submitted to the city’s public works superintendent upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
A. That the facilities will be constructed in accordance with all applicable codes, rules and regulations;
B. The location and route of all facilities to be installed on existing utility poles;
C. The location, route, and configuration of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways;
D. The location of all existing underground utilities, conduits, ducts, pipes, mains, and installations which are within the public ways along the underground route proposed by the applicant;
E. The location of all other facilities to be constructed within the city, but not within the public ways;
F. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways;
G. The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction;
H. Proposed construction schedule and work hours; and
I. The location of all survey monuments which may be displaced or disturbed by the proposed construction. (Ord. 293 (part), 2000)
4.16.050 Engineer’s certification.
Where required by the city’s public works superintendent, permit applications shall be accompanied by drawings, plans and specifications bearing the certification of a registered professional engineer. (Ord. 293 (part), 2000)
4.16.060 Traffic control plan.
All permit applications which involve work on, in, under, across, or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. (Ord. 293 (part), 2000)
4.16.070 Issuance of permit.
Within sixty days of the submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the city’s public works superintendent, if satisfied that the applications, plans and documents comply with all requirements of this title, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate.
A. Should an applicant require a decision on its application within less than sixty days, the applicant shall advise the city in writing of the reasons why a shortened time period is necessary and the time period within which action is requested. The city shall reasonably cooperate to meet the request where practicable.
B. Should the city deny an applicant’s request for a permit pursuant to this chapter, the reasons for that denial shall be stated in writing and made available to the applicant. (Ord. 293 (part), 2000)
4.16.080 Appeal of administrative decision.
Any person aggrieved by the granting or denying of a right-of-way use permit pursuant to this chapter shall have the right to appeal to the city council as follows:
A. All appeals filed pursuant to this section must be filed in writing with the city clerk within ten working days of the date of the decision appealed from;
B. All appeals filed pursuant to this section shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the city’s public works superintendent decision, which shall constitute the basis of the appeal;
C. Upon receipt of a timely written notice of appeal, the city clerk shall forward the appeal to the city council, which may either hear the appeal or appoint a hearing examiner. In considering the appeal, the administrative officer’s decision shall be accorded substantial weight. If a hearing examiner is appointed, the hearing examiner’s decision shall be reported to the city council, which shall not reverse except for unsupported finding of fact and/or clear error of law;
D. Appeals of decisions following final review by the city shall be by petition to the Snohomish County superior court, to be filed as required by city ordinance and state law. (Ord. 293 (part), 2000)
4.16.090 Compliance with permit.
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city’s public works superintendent or designee shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. (Ord. 293 (part), 2000)
4.16.100 Display of permit.
The permittee shall maintain a copy of the right-of-way use permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city’s public works superintendent or designee at all times when construction work is occurring. (Ord. 293 (part), 2000)
4.16.110 Survey of underground facilities.
If the right-of-way use permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a state-registered land surveyor. The permittee may be required to relocate any facilities which are not located in compliance with permit requirements. (Ord. 293 (part), 2000)
4.16.120 Noncomplying work.
Upon order of the city’s public works superintendent, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be remedied or removed. (Ord. 293 (part), 2000)
4.16.130 Completion of construction.
The permittee shall promptly complete all construction activities so as to minimize disruption of the public and other ways and other public and private property. All construction work authorized by a permit within public and other ways, including restoration, must be completed within one hundred twenty days of the date of issuance. (Ord. 293 (part), 2000)
4.16.140 As-built drawings.
Within sixty days after completion of construction, the permittee shall furnish the city with two complete sets of plans, drawn to scale and certified to the city as accurately depicting the horizontal and vertical location and configuration of all cable or telecommunications facilities constructed pursuant to the permit. The city’s public works superintendent shall have the discretion to prescribe the format and/or media of said as-built drawings, consistent with city codes and policies. (Ord. 293 (part), 2000)
4.16.150 Restoration after construction.
Upon completion of any construction, maintenance, or repair work, the permittee shall promptly repair any and all public and private property improvements, fixtures, structures, and facilities in the public or other ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. All survey monuments disturbed or displaced shall be referenced and replaced as required by Chapter 332-120 WAC and city policy. The referencing and replacement of survey monuments shall be performed by a licensed land surveyor. The city’s public works superintendent shall have the authority to grant final approval of the completeness of all restoration work and all permittees shall warrant said restoration work for a period of one year. (Ord. 293 (part), 2000)
4.16.160 Landscape restoration.
All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair, or replacement of cable, open video or telecommunications facilities, whether such work is done pursuant to a franchise, permit, or lease shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. All landscape restoration work within the public ways shall be done in accordance with landscape plans approved by the city’s public works superintendent. (Ord. 293 (part), 2000)
4.16.170 Construction surety.
Prior to issuance of a right-of-way use permit, the permittee shall provide such bonds and sureties as are required in BMC 4.14.260 and 4.14.280. (Ord. 293 (part), 2000)
4.16.180 Exceptions.
Unless otherwise provided in an authorization, franchise, or lease agreement, all cable operators, open video system operators and telecommunications carriers are subject to the requirements of this chapter. (Ord. 293 (part), 2000)
4.16.190 Responsibilities of the owner.
The owner of the facilities to be constructed and, if different, the grantee, franchisee, or lessee, are responsible for performance of and compliance with all provisions of this chapter. (Ord. 293 (part), 2000)