Chapter 19.12


19.12.010    Scope.

19.12.020    Permit required.

19.12.030    Permit—Application.

19.12.040    Permit—Preinspection.

19.12.060    Permit—Limitation.

19.12.070    Permit—Expiration.

19.12.080    Permit—Suspension or revocation.

19.12.090    Permit fee required.

19.12.095    Insurance required—Bond as alternative to restoration deposit.

19.12.100    Inspection time—Additional charge.

19.12.110    Permit renewals.

19.12.120    Double fee for work without permit.

19.12.130    Specifications.

19.12.140    Permittee’s performance responsibility.

19.12.150    Curb opening locations.

19.12.160    Special conditions.

19.12.170    Safety equipment.

19.12.180    Enforcement authority.

19.12.190    Violation unlawful.

19.12.010 Scope.

The purpose of this chapter is to establish minimum rules and regulations relating to the disruption of streets, sidewalks, curbs and other improvements within public rights-of-way and to provide for enforcement of same. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 1(A), 1970)

19.12.020 Permit required.

No person, firm, or corporation shall disrupt a street, sidewalk or curb or place a utility in a right-of-way without first obtaining a separate right-of-way permit for each disruption from the public works department. (Ord. 4600 § 1, 2017: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 1(B), 1970)

19.12.030 Permit—Application.

To obtain a permit, the applicant shall file an application in writing on a form established by the city for that purpose.

Every application shall:

(1)     Identify the contractor and/or subcontractor who is to actually perform the work;

(2)     Include the Washington state contractor’s number of such contractor or subcontractor;

(3)     Identify the owner of the property for whom the work is being performed;

(4)     Submit plans for the work to be performed which shall include:

(a)     Identification and description of the work to be covered by the permit for which application is made,

(b)     A description of the location where such work is to be performed;

(5)     To be signed by the owner or the agent of the firm that will actually be performing the work;

(6)     A private property owner, although he/she is not a contractor with a Washington state contractor’s license, may obtain a permit and perform work to remove and to replace sidewalk adjacent to the owner’s property but not the curb or street surface. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 1(c), 1970)

19.12.040 Permit—Preinspection.

Prior to the issuance of any right-of-way permit for a street or curb disruption, the location may be inspected by a public works department inspection official for the purpose of determining the most satisfactory location for the installation. (Ord. 4600 § 2, 2017: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(B), 1970)

19.12.060 Permit—Limitation.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter, or any other ordinance or appropriate rule or regulation of the city. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(C), 1970)

19.12.070 Permit—Expiration.

Every permit issued by the public works department under the provisions of this chapter shall expire ninety days after issuance of the permit; however, in no case shall a project take longer than fifteen days to complete after starting work in the right-of-way. (Ord. 4600 § 3, 2017: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(D), 1970)

19.12.080 Permit—Suspension or revocation.

The director of public works, or his or her designate, may in writing suspend or revoke a permit issued under the provisions of this chapter whenever the permit was issued in error, or on the basis of incorrect information supplied, or in violation of any other ordinance or regulation of the city. (Ord. 4600 § 4, 2017: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(E), 1970)

19.12.090 Permit fee required.

(a)    The fee for a permit to disrupt a street surface, curb or sidewalk or place a utility in the right-of-way and the fee for a street cut that will not be overlaid by the applicant causing the street cut is set forth in Section 5.74.040.

(b)    Also, a street security deposit shall be paid. The street security deposit shall be in an amount determined by the director of public works to be sufficient to pay for the cost to the city to restore the street surface, curb or sidewalk in event of failure. At least annually, the director shall prepare and maintain schedules for street security deposits, which reflect the current actual cost to the city as determined by the most recent Engineering News Record Construction Cost Index. Such schedules shall at all times be available to the general public.

(c)    If the work is performed by jacking or boring under the street, the entire street security deposit shall be refunded.

(d)    If the street surface is disturbed and properly repaired and restored, the portion of the street security deposit as is established for refund in the schedule provided for in subsection (b) of this section shall be refunded after ninety days from the date of repair.

(e)    Inspections shall be requested by the contractor at least two hours prior to backfill in order to receive a refund.

(f)    No refund of a street security deposit shall be made until sufficient time has elapsed following the completion of the disruption work to assure the fact of “nonfailure” of the restoration. (Ord. 4244 § 2, 2010: Ord. 4215 § 11, 2009: Ord. 3987 § 5, 2005: Ord. 3987 § 5, 2005: Ord. 3675 § 1 (part), 1998; Ord. 3146 § 1, 1989: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(A), 1970)

19.12.095 Insurance required—Bond as alternative to restoration deposit.

No permit shall issue until the permittee has filed with the city a certificate of comprehensive public liability insurance, including the city as a named insured in limits of not less than one million dollars; provided, however, that a permit issued pursuant to Section 19.12.030(6) may be issued upon filing an insurance certificate showing insurance limits of a lesser amount so long as the director of public works is satisfied that such lesser amount is sufficient to protect the interest of the city. Public utilities will be exempt from posting the restoration deposit required by Section 19.12.090 so long as they keep and maintain on file with the city an approved indemnity bond in the amount of ten thousand dollars or more conditioned upon faithful performance of the conditions and regulations of this chapter. (Ord. 4600 § 5, 2017: Ord. 2606 § 1 (part), 1981)

19.12.100 Inspection time—Additional charge.

An additional time charge will be made where pre-inspection and post-inspection times exceed one hour. Such extra charge will be invoiced to the contractor separately at the rate provided for in Section 5.74.040. (Ord. 4215 § 12, 2009: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(B), 1970)

19.12.110 Permit renewals.

Permits which have expired may be renewed for fifteen additional days at the additional fee of one-half of the original permit fee, provided the renewal permit is applied for prior to the expiration of the original permit. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(C), 1970)

19.12.120 Double fee for work without permit.

Wherever work for which a permit is required by this chapter is commenced or performed prior to obtaining such permit, the basic permit fee shall be doubled, but the payment for such double fee shall not relieve any person from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may herein be provided for, including criminal penalties. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(D), 1970)

19.12.130 Specifications.

The public works director approves full engineering pre-approved plans and policies for all street and utility improvements constructed within the city of Kirkland. The applicant shall comply with these standards and specifications for all improvements in the right-of-way. These standards and specifications are available for public inspection in the public works department during regular business hours or online at (Ord. 4542 § 2, 2016: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(A), 1970)

19.12.140 Permittee’s performance responsibility.

In addition to all other requirements specified by this chapter or the “Standard Specifications for Municipal Public Works Construction,” the permittee shall be responsible for restoration and cleanup of the street sidewalk or curb to original or better condition immediately upon completion of the project. The permittee shall be responsible for defects or failure of the street sidewalk or curb area for a period of one year following final inspection. For the purpose of this section and Section 19.12.040 relating to fees and security deposits, the word “permittee” means the contractor and the owner of the property for whose benefit the disruption work is being done, jointly and severally. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(B), 1970)

19.12.150 Curb opening locations.

The location of each curb opening must be approved by the public works department. Application for a curb opening less than twenty feet from an intersection may only be approved under unusual circumstances. The city reserves the right to deny any request to open any curb. (Ord. 4600 § 6, 2017: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(C), 1970)

19.12.160 Special conditions.

At the discretion of the director of public works, one or more of the following requirements may be specified when conditions require their use. Wherever such special conditions are required, they shall be set forth on the permit at the time of issuance, or as an amendment to the permit in those instances where conditions requiring their use become known after the permit has been issued.

(1)    Installation within the right-of-way shall be made by a method approved by the director of public works. Cuts shall be made only in areas approved by the city engineer. All improved or unimproved areas within the right-of-way shall be restored to an equal or better condition.

(2)    Signs, cones, barricades, and all other traffic control devices to protect and control pedestrian and vehicular traffic in the construction area shall be used as prescribed by the traffic engineer, and in accordance with the “Manual on Uniform Traffic Control Devices for Streets and Highways.”

(3)    One or more traffic lanes shall be kept open at all times. Moving traffic shall be properly controlled by uniformed flagger, if specified. Hours of operation during construction and restoration shall be as specified.

(4)    Ingress and egress for vehicles and personnel to abutting property shall be maintained at all times.

(5)    Backfill and replacement of pavement surface shall be done to the satisfaction of the director of public works. Unless otherwise specified by the director of public works or his or her designee, backfill material shall conform to the most recent Washington State Department of Transportation standard specifications for roads and bridges.

(6)    Any inspection time in excess of one hour will be invoiced separately. (Ord. 4600 § 7, 2017: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(D), 1970)

19.12.170 Safety equipment.

All safety equipment such as barricades, caution lighting, and personnel for traffic control are to be furnished by the permittee. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(E), 1970)

19.12.180 Enforcement authority.

Enforcement authority rests with the director of public works or his or her designee which may include personnel of the planning and building department. (Ord. 4600 § 8, 2017: Ord. 4491 § 3 (part), 2015; Ord. 2606 § 1 (part), 1981: Ord. 2127 § 5(A), 1970)

19.12.190 Violation unlawful.

It is unlawful for any person, firm or corporation to disrupt a street or curb or sidewalk or cause the same to be done in violation of any of the provisions of this chapter. Both the contractor and owner will be held jointly and severally responsible and liable under this chapter. Any person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 5(B), 1970)