Chapter 12.12
RIGHT-OF-WAY USE PERMITS
Sections:
12.12.025 Permit – Application.
12.12.030 Permit – Issuance – Fee.
12.12.050 Permit – Performance bond.
12.12.060 Removal of excavated material.
12.12.110 Liability of permittee.
12.12.120 Terms and conditions.
12.12.130 Violation – Penalty.
12.12.010 General.
The public works supervisor and/or city engineer are hereby authorized and directed to enforce the provisions of this chapter. The public works supervisor and/or city engineer shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter. (Ord. 483 § 1 (Exh. 1), 2022)
12.12.020 Permit – Required.
No person, firm, or corporation shall dig or excavate any ditch for water, sewer, power or gas, drainage, driveway or for any purpose in the city street rights-of-way without first obtaining a right-of-way use permit issued by the department of community development and planning upon the written approval and recommendation of the city engineer and/or the designated city official. No excavation shall occur without first obtaining such permits and without first having all utilities locations identified. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 1, 1984. Formerly 12.12.010)
12.12.025 Permit – Application.
All applicants for a right-of-way use permit shall file a written application and duplicate on forms furnished by the city. The department of community development and planning shall retain one copy. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 2, 1984. Formerly 12.12.020)
12.12.030 Permit – Issuance – Fee.
A right-of-way use permit for any excavation upon any city right-of-way shall be issued only upon written approval of the city engineer and/or the designated city official as provided in BMC 12.12.020, upon furnishing a bond as provided in BMC 12.12.050, and upon payment to the city of the fees adopted pursuant to the city’s current fee resolution.
A. For a paved street or alley, a right-of-way use permit issued to install new utilities including water, sewer, natural gas, electric power, stormwater, communications or cable TV shall be accomplished by using guided boring. Each individual excavation shall require a separate permit and fee.
1. Exception. If the city official determines the guided boring method is not practical or feasible, or the guided boring pits are located in a paved area, excavation upon any city right-of-way shall comply with city standards for utilities in the city right-of-way. The base course shall be cut only where the trench or excavation work is required. Further, all conditions as provided for in this chapter and any additional requirements of the director shall apply.
a. Each individual excavation shall require a separate permit and fee.
B. A right-of-way permit issued to open a paved street or alley for the following purposes:
1. To repair breaks or leaks;
2. To avoid interruptions to essential utility service;
3. To respond to emergencies which may endanger life or property;
4. Work that is mandated by city, state, or federal legislation shall comply with all conditions as provided for in this chapter and any additional requirements of the director shall apply. Each individual excavation shall require a separate permit and fee.
a. Exemptions. Public utilities, specifically, power, gas, water, telephone and cable utility companies doing utility repair for a single-family dwelling may be exempt from the permit fees of subsection A, B or C of this section. The determination shall be made by the city official at the time of right-of-way use application.
C. For an unpaved street or alley, each excavation shall not exceed one hundred square feet, or as specified by the city official. Each individual excavation shall require a separate permit and fee.
D. For each excavation, consult the current fee resolution. Each excavation shall require a separate permit.
E. Use of the city’s right-of-way to perform any work other than excavation shall require a right-of-way use permit. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.E § 1, 2005: Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 3, 1984)
12.12.040 Appeal.
The city council may, following an administrative appeal, as outlined in Chapter 1.20 BMC and based on the evidence and testimony at the appeal hearing, allow for issuance of a right-of-way use permit not meeting the construction requirements of this chapter. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999)
12.12.050 Permit – Performance bond.
No right-of-way use permit for excavation shall be issued unless the permittee has on file with the city clerk a performance bond in the minimum amount of three thousand dollars or an appropriate amount as required and determined by the city engineer or designated city official, either with personal or corporate surety or other surety, approved by the city attorney, conditioned as a guarantee that the permittee shall, as to each excavation performed by the permittee, properly backfill each excavation in accordance with this chapter and maintain proper warning signs, barricades and warning lights in accordance with the Manual on Uniform Traffic Control Devices. The performance bond shall remain in force for one year after completion of excavation and backfill. Any settling in the repair surface within the one year shall be replaced at permittee’s expense, upon notification, or city will commence repair and attach performance bond. If remedial action is required to repair settling in a paved surface, the bond will remain in force of responsibility for repairing the surface settling. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 5, 1984)
12.12.060 Removal of excavated material.
All excavated material shall be removed and disposed of, and replaced with suitable pit run and crushed surfacing materials as approved by the director of community development and planning or city engineer, compacted in nine-inch layers to ninety-five percent. Compaction testing may be ordered by the city with the expense for the same to be borne by the permittee. The permittee shall notify the director upon completion of backfill and preparation for surfacing. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158 § 6, 1984)
12.12.070 Backfilling.
Each permittee shall place and compact any backfill to obviate any sinking or depression in any right-of-way where any excavation has been performed by any permittee. The permittee shall replace the surface of the right-of-way in accordance with the standards as established by the city and located in the public works department and accompanying terms and conditions incorporated as a part of the right-of-way use permit. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 7, 1984)
12.12.080 Pavement cuts.
Before commencing excavation in a paved street, every permittee doing so shall first cut the pavement and/or concrete around the perimeter of the excavation with a saw, cutting wheel or other approved method and specified by the city official. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 8, 1984)
12.12.090 Traffic flow.
All permittees shall, unless authorized by the city council, excavate only one-half of any street at any one time and shall backfill the said portion so excavated prior to the excavation of the remaining one-half so the traffic may not be unduly interfered with or in the alternative the permittee with written approval of the city engineer and/or the designated city official may bridge across any ditch so as to maintain proper and safe traffic flow. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 9, 1984)
12.12.100 Public safety.
All permittees shall at all times during any period of excavation and backfill maintain proper signs, barricades, and warning lights in accordance with the Manual of Uniform Traffic Control Devices. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158 § 10, 1984)
12.12.110 Liability of permittee.
Any permittee shall be responsible for any injury to persons or damage to property by reason of excavation or manner of performance of work, and by making application for a permit agrees to hold the city, its agents, employees, and persons acting on its behalf harmless from any and all claims of any sort whatsoever resulting from work performed. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158 § 11, 1984)
12.12.120 Terms and conditions.
The following additional general terms and conditions shall apply to all permits issued:
A. No excavation shall be made or obstacle placed within the limits of a city street or alley in such a manner as to interfere unreasonably with the travel over said road.
B. Except as authorized, no excavation shall be made or obstacle placed within four feet of the edge of the pavement.
C. If the work done under a permit interferes in any way with the drainage of a street or alley, the permittee shall make such provision at the permittee’s expense as the street department and/or public works director may direct to take care of said drainage. On completion of all work performed, all rubbish and debris shall be immediately removed and the roadway and roadside shall be left in a neat and presentable fashion, satisfactory to the city.
D. All work contemplated by any permit shall be done under the direct supervision and to the satisfaction of the city and the expense of such supervision shall be borne by the party or parties to whom this permit is issued.
E. The city reserves the right to order the change of location or removal of any structure or structures authorized by this permit at any time, such change or removal to be made at the sole expense of the party or parties to whom the permit is issued, or their successors.
F. A permit granted by this chapter shall not be deemed to be exclusive and shall not prohibit the city from granting other permits of like or other nature to other public or private utilities nor shall it prevent the city from using any of its streets or alleys or public places, or affect its rights to full supervision and control over all or any part of them, none of which is surrendered.
G. The city may revoke, annul, change, amend, amplify, or terminate a permit or any of the terms and conditions enumerated in a permit if the permittee fails to comply with any or all of its provisions, requirements or regulations as set forth in this chapter or through willful or unreasonable neglect, fails to heed or comply with notices given.
H. The party or parties to whom this permit is issued shall maintain at their sole expense the structure or object for which this permit is granted in the condition satisfactory to the city. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 158.D § 1(part), 2002: Ord. 158 § 12, 1984)
12.12.130 Violation – Penalty.
Any person, firm, corporation or other entity violating or failing to comply with any of the provisions of this chapter or the conditions established by the permit as issued shall be subject to a nontraffic civil infraction in the amount set forth in Chapter 1.28 BMC, General Penalty, and shall be punished in accordance with the current fine and penalty provisions for a Class B civil infraction. Failure to respond to a Class B civil infraction or a second and subsequent violation for the same offense shall constitute a Class C civil infraction. Failure to respond to any infraction, third or subsequent violation, shall constitute a misdemeanor and shall be punished in accordance to the provisions set forth in BMC 1.28.030(A). Each day a violation is committed or continued shall constitute a separate offense and may be punished as such. (Ord. 483 § 1 (Exh. 1), 2022; Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 158.D § 1(part), 2002: Ord. 158.A (part), 1999: Ord. 158 § 13, 1984)