Chapter 12.70
UTILITIES ON CITY OF COVINGTON REAL PROPERTY

Sections:

12.70.010    Purpose.

12.70.020    Permit – Required – Exceptions.

12.70.030    Permit – Issuance authority – Use.

12.70.040    Permit – Privilege limitations.

12.70.050    Permit – Compliance with applicable provisions.

12.70.060    Permit – Terms and conditions.

12.70.070    Permit – Application – Required information.

12.70.080    Permit – Application and inspection fee.

12.70.090    Review and certification by agencies.

12.70.100    Financial guarantee requirements.

12.70.110    Notice of proposed use and commencement – Departmental coordination of permit approval.

12.70.120    Notice to agencies of construction date.

12.70.130    Permit revocation.

12.70.140    Termination of privileges – Assessment.

12.70.150    Enforcement.

12.70.160    Rights reserved to City – Conformance and payment of cost required.

12.70.170    Rule and regulation promulgation.

12.70.010 Purpose.

The purpose of this chapter shall be to authorize and regulate the issuance of permits for the accommodation of public and private utility facilities, and other uses upon City of Covington owned real property which is not dedicated as right-of-way and to insure that privileges authorized by the permits are consistent with public ownership of the property, the City comprehensive plan, the sensitive areas code, sound engineering and design standards, and health and sanitation regulations. (Ord. 38-02 § 2 (12.46.010))

12.70.020 Permit – Required – Exceptions.

All utility construction work and other uses performed upon, along, over, under or across any public place in City of Covington shall require a permit to be issued by the Director of the Department of Community Development; provided, that construction work undertaken by City of Covington or under contract to City of Covington or requested by City of Covington due to new construction shall be exempted from this requirement. Utility construction work includes, but is not limited to, construction and maintenance of waterworks, gas pipes, telephone, telegraph and electric lines, sewers, cable television and petroleum products and any other such public and private utilities. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.020))

12.70.030 Permit – Issuance authority – Use.

The Community Development Department is authorized to issue revocable permits for all utility construction work and installation, and other uses upon, along, over, under or across any public place in City of Covington. The permits shall be used to authorize an act or series of acts on City of Covington owned real property which is not dedicated as right-of-way. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.030))

12.70.040 Permit – Privilege limitations.

The permits shall not be construed to convey any vested right in the property. The permits grant only a personal and revocable privilege and license to do one or more acts on the property without possessing any interest in the property. (Ord. 38-02 § 2 (12.46.040))

12.70.050 Permit – Compliance with applicable provisions.

The issuance of permits authorized in this chapter does not relieve or release the permittee from complying with other applicable statutes, ordinances, restrictions, regulations, rules or obligations in connection with the permittee’s proposed use of the property. (Ord. 38-02 § 2 (12.46.050))

12.70.060 Permit – Terms and conditions.

The permits shall be subject to all terms, conditions and restrictions, imposed by the Department responsible for the management of the property to be affected, deemed necessary to preserve all characteristics consistent with public ownership; consequently, the general and specific terms, conditions and restrictions of the permits will vary according to, but not limited to, the following:

(1) The property interest owned by City of Covington;

(2) All Federal, State or local restrictions placed on the use of the property;

(3) The purpose for acquiring the property;

(4) Plans for the future development of the property;

(5) The applicant’s proposed use of the property; and

(6) The individual characteristics of the property. (Ord. 38-02 § 2 (12.46.060))

12.70.070 Permit – Application – Required information.

Applications for all permits shall be submitted, in writing, to the Community Development Department. The application shall contain whatever information, including plans and specifications, the Department shall require. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.070))

12.70.080 Permit – Application and inspection fee.

Each application requires a fee in an amount as outlined in the current fee resolution, payable to the City of Covington for the administrative costs and expenses of processing the application. (Ord. 38-02 § 2 (12.46.080))

12.70.090 Review and certification by agencies.

(1) The Community Development Department shall coordinate the review by all Departments of permit applications.

(2) The Department responsible for the management of the property to be affected shall review and evaluate applications with respect to the hazard and risk of the proposed construction or use, location of the proposed construction or use in relation to other facilities using the property, the adequacy of the engineering and design of the proposed construction or use, and applicable Federal, State, County and local laws and regulations.

(3) The Department of Public Health shall review and evaluate applications for the construction of waterworks (except for domestic service connections) to determine consistency with State and local health and sanitation regulations.

(4) The City of Covington Fire Marshal shall review and evaluate applications for the construction of waterworks to determine consistency with applicable standards for water mains and fire hydrants.

(5) All applications for the construction of sewer or water facilities must be certified by the Community Development Department as consistent with a sewer or water comprehensive plan approved by the City Council.

(6) In any case, the Community Development Department shall make recommendations on critical area issues and shall be responsible for assuring that any application meets the requirements of the critical areas code. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.090))

12.70.100 Financial guarantee requirements.

Prior to final approval of all permits, the Department responsible for the management of the property to be affected shall determine the amount of the performance guarantee necessary to assure compliance with 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 property and the health and safety of the users of the property. The applicant shall submit the financial guarantee consistent with the provisions of CMC Title 14. The financial guarantee shall be sufficient to cover the cost of restoring the City property to original condition or complying with conditions of any permit or approval, including corrective work necessary to provide drainage consistent with approved plans and conditions, and to protect the public health, safety and welfare. (Ord. 20-07 §§ 35, 83; Ord. 38-02 § 2 (12.46.100))

12.70.110 Notice of proposed use and commencement – Departmental coordination of permit approval.

(1) The applicant, at the time of submitting an application for a permit, shall notify all public and private utility entities known to be using or proposing to use the same public place of the applicant’s proposed use and the proposed timing of any construction. Any such entity notified may, within seven days of such notification, request a delay in the commencement of any proposed construction for the purpose of coordinating other construction work on the property with that proposed by the applicant. The Community Development Department may delay the commencement date for the applicant’s construction work on the property for 90 days or less if it finds that such delay will reduce the inconvenience to the public from construction activities, and it finds that such delay will not create undue economic hardship on the applicant.

(2) The Community Development Department shall also coordinate the approval of permits with the Department responsible for the management of the property to be affected and may delay the commencement date for the applicant’s construction work for 90 days or less upon making the findings described in subsection (1) of this section.

(3) The Community Development Department shall inform the Department of Public Health of permits for construction of waterworks (except domestic service connections), and the City of Covington Fire Marshal of permits for waterworks. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.110))

12.70.120 Notice to agencies of construction date.

The permittee is required to give written notice of the date construction will begin to the following agencies: the Department responsible for the management of the property to be affected; Department of Public Health for construction of waterworks (except for domestic service connections); City of Covington Fire Marshal for construction of waterworks. Failure to give such notice is grounds for the revocation or suspension of the permit. (Ord. 38-02 § 2 (12.46.120))

12.70.130 Permit revocation.

Any permit issued by the authority of this chapter shall be revocable at any time that the Department responsible for the management of the property affected shall determine that the public health, safety, general welfare, or public use requires such revocation, and the right to revoke is expressly reserved to City of Covington. At a reasonable time prior to action upon such revocation or proposed revocation, opportunity shall be afforded to the permittee to present for consideration action or actions alternative to the revocation of such permit. (Ord. 38-02 § 2 (12.46.130))

12.70.140 Termination of privileges – Assessment.

All privileges granted by the permits shall automatically terminate at such time as the permittee ceases to use the property and any facilities authorized by the permit. The permittee may terminate the agreement by written notice to the Public Works Department. Upon revocation, termination or abandonment of any permit, the permittee shall remove at his expense all facilities placed on such property by the permittee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to the City. If the permittee has not accomplished removal and restoration at the end of a 90-day period following the effective date of revocation, termination or abandonment, the City may accomplish all of the necessary work and charge all of the costs to the permittee. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.140))

12.70.150 Enforcement.

The City is authorized to enforce the provisions of this chapter pursuant to the procedures set forth in CMC 1.30.060, 1.30.070 and 1.30.080. (Ord. 38-02 § 2 (12.46.150))

12.70.160 Rights reserved to City – Conformance and payment of cost required.

The City reserves the right to use, occupy and enjoy its property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The permittee upon written notice will at his own cost and expense, remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in the written notice. (Ord. 38-02 § 2 (12.46.160))

12.70.170 Rule and regulation promulgation.

The Community Development Director may promulgate any rules and regulations necessary for the operation of this chapter. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.46.170))