Chapter 12.65
FRANCHISED UTILITY WORK WITHIN CITY RIGHTS-OF-WAY

Sections:

12.65.010    Purpose.

12.65.020    Construction permit – Required.

12.65.030    Construction permit – Application –General.

12.65.040    Construction permit – Application – Fees.

12.65.050    Construction permit – Application – Review.

12.65.055    Emergency construction permits – Unfranchised utilities.

12.65.060    Policy on accommodation of utilities – Adoption.

12.65.070    Coordination of right-of-way construction.

12.65.080    Performance guarantee required.

12.65.090    Construction permit – Form.

12.65.100    Notification by permittee of construction commenced.

12.65.010 Purpose.

The purpose of this chapter is to regulate the granting of right-of-way construction permits and to ensure that utility construction work undertaken pursuant to such permits is consistent with the applicant’s right-of-way franchise from the City, the applicable district comprehensive plan, the sensitive areas code, the City comprehensive plan, sound engineering and design standards, health and sanitation regulations, and applicable standards for water mains and fire hydrants. (Ord. 38-02 § 2 (12.44.010))

12.65.020 Construction permit – Required.

(1) All construction work performed by franchised utilities, telephone and telegraph companies and within City of Covington right-of-way shall require a right-of-way construction permit to be issued by the Community Development Department, City of Covington; provided, that construction work undertaken by the City of Covington or under contract to the City of Covington or requested by the City of Covington due to new construction shall be exempted from this requirement.

(2) Construction work shall include the construction and maintenance of waterlines, gas pipes, sewer lines, petroleum pipelines, telephone, telegraph and electric lines, cable TV and petroleum products and any other such public and private utilities. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.020))

12.65.030 Construction permit – Application –General.

Applications for all right-of-way construction permits shall be submitted, in writing, to the Community Development Department. The application shall contain whatever information, including plans and specifications, which the Community Development Department shall require. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.030))

12.65.040 Construction permit – Application – Fees.

(1) Each application requires a fee payable to the City of Covington for the administrative costs, expenses of reviewing the application, and inspection time as set forth in the current fee resolution.

(2) City of Covington fees are nonrefundable.

(3) The fees shall be collected in accordance with administrative procedures developed by the Community Development Department, City of Covington. (Amended at request of department 2/08; Ord. 20-07 § 29; Ord. 38-02 § 2 (12.44.040))

12.65.050 Construction permit – Application – Review.

(1) The Community Development Department shall coordinate the review by all Departments of right-of-way construction permit applications and shall determine whether the proposed construction is consistent with the applicant’s right-of-way franchise from the City.

(2) The Community Development Department shall review and evaluate applications in respect to the hazard and risk of the proposed construction, location of the proposed construction in relation to other utilities in the right-of-way and the adequacy of the engineering and design of the proposed construction.

(3) The Community Development Department shall review and evaluate all applications for right-of-way construction permits for sewer and water main extensions to determine whether the proposed construction is consistent with the applicable sewer or water comprehensive plan. If the facility is not consistent with an approved comprehensive plan, then the construction permit shall not be issued. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.050))

12.65.055 Emergency construction permits – Unfranchised utilities.

(1) The Community Development Department may issue right-of-way construction permits to unfranchised utilities under the following circumstances:

(a) When the Seattle-King County Department of Public Health has determined that the proposed work is necessary to address a public health hazard; or

(b) When the Community Development Department has determined that the proposed work is necessary to address actual or imminent damage to City right-of-way or to address hazards to users of City right-of-way.

(2) The permit applicant shall be required to meet all conditions of this chapter. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.055))

12.65.060 Policy on accommodation of utilities – Adoption.

“King County Regulations for Accommodation of Utilities on Road Rights-of-Way 1997” is hereby approved and adopted as the City of Covington policy for utility installation and maintenance operations within City of Covington street rights-of-way. (Ord. 38-02 § 2 (12.44.060))

12.65.070 Coordination of right-of-way construction.

(1) The applicant, at the time of submitting an application for a right-of-way construction permit, shall notify all other public and private utility entities known to be using or proposing to use the same right-of-way of the applicant’s proposed construction and the proposed timing of such construction. Any such entity notified may, within seven days of such notification, request a delay in the commencement of such proposed construction for the purpose of coordinating other right-of-way construction with that proposed by the applicant.

(2) The Community Development Department shall also coordinate the approval of right-of-way construction permits with City street improvements and maintenance and may delay the commencement date for the applicant’s right-of-way construction for 90 days or less, except in the case of emergencies, if it finds that such delay will reduce the inconvenience to road users from construction activities, if it finds that such delay will not create undue economic hardship on the applicant, or if it finds that such delay will allow the City to install conduit for future installation of fiber optic cable. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.070))

12.65.080 Performance guarantee required.

Prior to final approval of all right-of-way construction permits, the Department of Community Development shall determine the amount of the performance guarantee necessary to assure compliance with the approved construction plans, applicable State and local health and sanitation regulations, applicable standards for water mains and fire hydrants and to assure proper restoration of the road and the health and safety of the users of the road. The applicant shall submit the financial guarantee consistent with the provisions of this title and CMC Title 14. (Amended at request of department 2/08; Ord. 20-07 § 30; Ord. 38-02 § 2 (12.44.080))

12.65.090 Construction permit – Form.

The right-of-way construction permit granted shall be in a form approved by and be made subject to all reasonable and necessary terms and conditions imposed by the Department of Community Development. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.090))

12.65.100 Notification by permittee of construction commenced.

The permittee is required to give oral or written notice of the date construction will begin to the following agencies: Community Development Department for all right-of-way construction; Seattle-King County Department of Public Health for construction of waterworks (except for domestic service connections); City of Covington Fire Marshal for waterworks. Failure to give such notice is grounds for the revocation or suspension of the construction permit. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.44.100))