Chapter 12.12
EXCAVATIONS

Sections:

12.12.010    Definitions.

12.12.020    Permit required – Emergency exception.

12.12.030    Permit application.

12.12.035    Expiration of inactive applications or permits.

12.12.040    Fees.

12.12.045    Conditions of permit.

12.12.050    Work by licensed contractor.

12.12.060    Exceptions.

12.12.070    Protection of public.

12.12.080    Restoration of surface.

12.12.090    Inspections and enforcement.

12.12.100    Cash deposit or other security required.

12.12.110    Property damage – Responsibility.

12.12.120    Liability.

12.12.010 Definitions.

Words as used in this chapter shall have the following meanings:

A. “Director of Public Works” shall mean the Director of Public Works for the City of Issaquah or his designee.

B. “Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.

C. “Street” is any City right-of-way, street, highway, sidewalk, alley, avenue, or other public way or public grounds in the City. (Ord. 1799 § 1, 1988; Ord. 1338 § 1, 1978).

12.12.020 Permit required – Emergency exception.

It is unlawful for any person to construct, cut, dig, undermine, break, excavate, tunnel, or in any way disturb or obstruct any street in the City without first obtaining a permit as provided herein; provided, however, that in case of an emergency occurring outside regular office hours, whenever an immediate excavation is necessary for the protection of life or property, the Director of Public Works may grant permission to make the necessary excavation upon the condition that an application for permit be made in the manner herein provided on or before noon of the next following business day. (Ord. 1799 § 2, 1988; Ord. 1338 § 2, 1978).

12.12.030 Permit application.

An applicant for a permit under the provisions of this chapter shall file with the Director of Public Works an application showing:

A. The name and address of the party doing the work;

B. A plat or sketch drawn to scale showing the location and plan of construction, excavation, cutting or other work desired to be done;

C. The street or place where the work is to be done, together with a full description of the nature of the work;

D. The estimated length of time for the work;

E. Such other information as the Director of Public Works shall find reasonably necessary to the determination of whether a permit should be issued under the provisions of this chapter. (Ord. 1799 § 3, 1988; Ord. 1338 § 3, 1978).

12.12.035 Expiration of inactive applications or permits.

Street excavation permit application files or permits shall be closed by the Permit Center and deemed “inactive” if there has been no applicant activity for any 6-month period after the date the application is deemed sufficient, or from the date the active permit was issued, or within a specified time which has been mutually approved in writing by the applicant and the Permit Center. The applicant shall be responsible for notifying the Permit Center, in writing, if delays or unforeseen circumstances are impacting the completion of the application and review process. If an application file or permit has been closed by the Permit Center, the applicant must submit a new application and fee based on the rules and regulations of the currently adopted code in order to begin the review process of that proposed development. (Ord. 2310 § 1, 2001).

12.12.040 Fees.

A fee in the amount set forth in Chapter 3.64 IMC shall accompany the application. In addition, the applicant shall pay the engineering, inspection and other fees as set forth in Chapter 3.64 IMC. (Ord. 1799 § 4, 1988).

12.12.045 Conditions of permit.

In addition to any conditions imposed by the Director of Public Works, all permits issued pursuant to this chapter shall be subject to the following conditions:

A. In making any excavation, cut or break in any street, the materials excavated from the trenches and not otherwise suitable for backfilling shall be disposed of as directed by the Director of Public Works. All such excavation shall be backfilled with approved materials and shall be compacted by mechanical tamping to 95 percent of optimum densities as measured by the City’s standard street specifications as may from time to time be amended.

B. The maximum length of any open trench shall at no time exceed 50 lineal feet, except when otherwise permitted in writing by the Director of Public Works.

C. All existing storm sewer facilities or other utilities that are moved or disconnected during the work shall be replaced immediately as directed by the Director of Public Works.

D. A concrete saw shall be used to cut all pavement so as to produce a reasonable square and true edge without spalling or cracking into adjacent pavement.

E. If ordered by the Director of Public Works, all excavated materials within the street right-of-way shall be removed and disposed of and planks and saddles placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic.

F. The surface material and earth removed must be kept separate and disposed of in a manner that will occasion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for pedestrians. Such surface or pavement, after refilling shall be placed in as good a condition as existed immediately prior to the excavations. (Ord. 1799 § 5, 1988).

12.12.050 Work by licensed contractor.

When the Director of Public Works determines that the work or activity proposed involves an unreasonable risk to the public, the Director of Public Works may require that the proposed work be performed by a licensed contractor. (Ord. 1799 § 6, 1988; Ord. 1338 § 5, 1978).

12.12.060 Exceptions.

Any work under the direction of competent City authorities by employees of the City, or by any contractor of the City performing work for and on behalf of the City is excepted from the requirements of IMC 12.12.020 through 12.12.050. (Ord. 1658 § 1, 1985; Ord. 1338 § 9, 1978).

12.12.070 Protection of public.

A. Protection of traffic shall be in accordance with all laws regarding traffic control.

B. Any work presenting a danger to the public shall be barricaded and illuminated.

C. It is unlawful for anyone to damage or remove protective barriers or any lights provided for the protection of the public. (Ord. 1338 § 6, 1978).

12.12.080 Restoration of surface.

If the permittee shall fail to restore the street to the condition existing prior to excavation, or shall fail to complete such work, the City shall have the right, but not the obligation, to cause such work to be done. In such case, the permittee shall be liable to the City for the cost of all work performed, including administrative overhead. (Ord. 1799 § 7, 1988; Ord. 1435 § 1, 1980).

12.12.090 Inspections and enforcement.

The Director of Public Works shall make such inspections as are reasonably necessary in the enforcement of this chapter. The Director of Public Works shall have authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 1799 § 8, 1988; Ord. 1338 § 10, 1978).

12.12.100 Cash deposit or other security required.

A. Prior to issuance of the permit required under this chapter, the permittee shall deposit with the Director of Public Works a cash deposit or other security suitable to the Director of Public Works for the costs of repairing any damage to City streets or other property by the construction activities and to cover the costs of cleaning the streets each day of the mud and debris caused by the construction.

B. The cash deposit or other securities required herein may be used by the City in lieu of or in addition to remedies against the permittee for failure to comply with conditions of the permit and/or the provisions of this chapter. (Ord. 1799 § 9, 1988; Ord. 1338 § 11, 1978).

12.12.110 Property damage – Responsibility.

Any person who damages any public property or improvement located within a City street or other public property shall be responsible for its restoration to its prior condition. If the person damaging such property fails to effect such repair, the City Engineer shall have authority to cause repair of the same with the use of City labor and materials and charge the cost thereof against the person responsible for such damage. (Ord. 1338 § 12, 1978).

12.12.120 Liability.

This chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which street use permit is issued by the provisions of this chapter nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized by the provisions of this chapter, the issuance of any permit, or the approval of any work. (Ord. 1338 § 10, 1978).