Chapter 12.10
RIGHT-OF-WAY
Sections:
12.10.020 Right-of-way permit required.
12.10.030 Right-of-way permit—Application.
12.10.040 Right-of-way permit—Fees.
12.10.060 Construction standards.
12.10.090 Damage to existing improvements.
12.10.100 City’s right to restore right-of-way and easements.
12.10.130 Indemnification and hold harmless.
12.10.010 Definitions.
For the purposes of this chapter the following terms, phrases and words shall have the following meanings:
(a) “Applicant” means any person, firm or entity making written application to the director for an obstruction permit.
(b) “City” means the city of Connell, Washington.
(c) “Construction work” means the excavation or aboveground construction work permitted under this chapter to install, repair, replace or maintain an improvement or public infrastructure.
(d) “Easement” means any city easement for access or public utilities.
(e) “Emergency” means an unforeseen event or combination of events that requires immediate action to be taken to repair improvements in the right-of-way in order to protect the public health and safety.
(f) “Improvement” means any public or private improvement, including the property of public utilities.
(g) “Mayor” includes a designee. Where decisions or approvals are to be made by the city, the mayor shall make the decisions or recommendations.
(h) “Obstruction permit” or “right-of-way permit” means the authorization granted by the city to perform work or conduct activity in a specified right-of-way or easement.
(i) “Permittee” means any person who has been granted and has in full force and effect a permit issued hereunder.
(j) “Person” means any person, firm, corporation or service provider.
(k) “Public infrastructure” means any necessary construction, performed within the city right-of-way or on private property, to install facilities, including streets, sidewalks, storm drainage, streetlights, sanitary sewers and/or water lines and necessary appurtenances, as identified in city standards.
(l) “Right-of-way” or “public way” means all property in which the city has any form of ownership or title and which is held for public street or utility purposes, regardless of whether or not any street or utility exists thereon or whether it is used, improved or maintained for public use.
(m) “Street” means any street, highway, sidewalk, alley, avenue or other public way, easement, or other public place in the city. (Ord. 913 § 1 (part), 2011).
12.10.020 Right-of-way permit required.
(a) A right-of-way permit is required of any person who performs construction work or otherwise engages in an activity within existing or proposed city rights-of-way, streets, easements, or on city owned infrastructure. Work done on behalf of the city requires a right-of-way permit. In the case of an emergency, a private or public utility may commence work prior to obtaining a permit, provided:
(1) The city police department is notified; and
(2) The person obtains a right-of-way permit within forty-eight hours after work is commenced or on the first city business day following the elapsed forty-eight-hour period.
(b) No construction work shall be performed by a provider of utility service without a right-of-way permit unless specified within a franchise agreement that has been duly executed by the city. City franchise agreements may authorize work without a right-of-way permit. The city council reserves the right through franchise agreement to modify, waive or establish new or different conditions related to construction work. (Ord. 913 § 1 (part), 2011).
12.10.030 Right-of-way permit—Application.
(a) No right-of-way permit shall be issued unless a written application is submitted and approved by the city. The application shall, at a minimum, contain the following:
(1) Construction plans or drawings approved by the city, if required;
(2) The period of time during which the right-of-way will be obstructed; and
(3) Proof that the contractor and any subcontractor have satisfied all state licensing and insurance requirements.
(b) Depending upon the nature and extent of the construction activity or work, the city may require engineering, restoration and drainage plans prepared by a Washington licensed engineer at applicant’s sole cost and expense. (Ord. 913 § 1 (part), 2011).
12.10.040 Right-of-way permit—Fees.
Right-of-way permit fees shall be assessed in an amount established by the city’s master fee resolution. (Ord. 913 § 1 (part), 2011).
12.10.050 Notice required.
The applicant shall give the city clerk/treasurer or designee notice not less than forty-eight hours before any work or activity is commenced and shall notify the city clerk/treasurer or designee upon completion of the same. In the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of this chapter. (Ord. 913 § 1 (part), 2011).
12.10.060 Construction standards.
All work within the city right-of-way shall be in accordance with adopted city standards in effect at the time of the application for the permit including, but not limited to, the standards listed within Section 13.02.010 and the “Manual on Uniform Traffic Control Devices” (MUTCD). (Ord. 913 § 1 (part), 2011).
12.10.070 Maintaining access.
In the event it is necessary for the permittee to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work while maintaining an open lane for traffic, the city may, with the concurrence of the chief of police, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion. Appropriate signage and traffic control shall be furnished in accordance with the MUTCD. (Ord. 913 § 1 (part), 2011).
12.10.080 Traffic control.
Permittee is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protect the public safety, in accordance with the MUTCD. Permittee shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way. (Ord. 913 § 1 (part), 2011).
12.10.090 Damage to existing improvements.
All damage to existing public or private improvements during the progress of the construction work or activity shall be repaired by the permittee. Methods and materials for such repair shall conform to adopted city standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the mayor shall have the authority to cause said necessary labor and materials to be furnished by the city and the cost shall be charged against the permittee. Such charge shall be immediately paid by permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed with the city. (Ord. 913 § 1 (part), 2011).
12.10.100 City’s right to restore right-of-way and easements.
(a) If the permittee fails to restore any city right-of-way or easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within one year from the completion of the right-of-way construction work, the city or designee shall have the right to do all work and things necessary to restore the right-of-way and/or easement and to complete the right-of-way construction work.
(b) The permittee shall be liable for all costs and expenses of restoration or completion. The city shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the city may enforce its rights pursuant to Washington law. No additional permits shall be granted until the invoice for city performed work has been paid. (Ord. 913 § 1 (part), 2011).
12.10.110 Bond.
(a) For the purpose of providing for the completion of the work or otherwise restoring the right-of-way to city standards, applicant shall post a performance bond with the city clerk/treasurer. The bond shall be:
(1) Issued by a surety licensed to do business in the state of Washington; and
(2) In an amount equal to one hundred percent of the estimated cost of the work (or other reasonable measure of value) solely determined by the city.
(b) If the improvements have not been timely or satisfactorily completed, the city shall give notice of the same to permittee. The notice shall state:
(1) The work to be done;
(2) The time to complete the work which shall not exceed thirty days; and
(3) That if the work is not commenced and completed within the time allotted, the city will cause the work to be completed and use the bond proceeds to pay for the same. All costs in excess of the bond proceeds may be recovered through appropriate legal action by the city attorney.
(c) The city is authorized to reduce the amount of the bond where good cause exists. Other security acceptable to the city may be furnished in lieu of a bond. (Ord. 913 § 1 (part), 2011).
12.10.120 Insurance—Evidence.
Permittee, prior to the commencement of construction hereunder, shall furnish the city satisfactory evidence in writing that the permittee has in force, during the performance of the construction work or activity, commercial general liability insurance of not less than one million dollars per occurrence and one million dollars’ general aggregate duly issued by an insurance company authorized to do business in the state of Washington. The policy shall name the city as an additional named insured. The city may reduce the insurance limits if good cause exists. (Ord. 913 § 1 (part), 2011).
12.10.130 Indemnification and hold harmless.
The permittee shall defend, indemnify and hold harmless the city, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued under this chapter except as may be solely caused by the negligence or wilful conduct of the city. (Ord. 913 § 1 (part), 2011).
12.10.140 Rules and policy.
To implement the right-of-way permit and provide for the public health and safety, the city may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk/treasurer. (Ord. 913 § 1 (part), 2011).