Chapter 12.20
STREET USE PERMITS
Sections:
12.20.020 Improvements defined.
12.20.030 Plan review and approval.
12.20.040 Bond or deposit – Filing.
12.20.050 Bond or deposit – Time period.
12.20.090 Conflicting provisions.
12.20.010 Permit required.
A right-of-way permit shall be required for:
A. Improvements within the city right-of-way by private contract or franchise holders.
B. Temporary nonconstruction use of city right-of-way. (Ord. 725, 1996; Ord. 537, 1989)
12.20.015 Types of permit.
The following permit applications require city review and approval prior to right-of-way use:
A. Right-of-Way – Construction. Required for any use of, or improvements within, city right-of-way by private contractor, private utility, or by franchise holders.
B. Right-of-Way – Temporary. Required for uses other than construction or vehicle parking. Temporary permits are valid for five consecutive days. If an applicant desires additional time, a new application shall be submitted along with another permit fee. Examples: temporarily routing foot traffic around a building front that is being worked on, temporary placement of dumpster in city right-of-way.
C. Right-of-Way – Blanket. Optional, for franchise holders only. Franchise holders (power, telecommunications, cable television) may apply for a blanket permit. Blanket permits will be valid during the calendar year in which they are issued. A blanket permit shall not preclude the franchisee from notifying the city of planned work, or the requirement to comply with applicable city codes, ordinances or standards and specifications. This shall include submitting plans for proposed improvements. (Ord. 725, 1996)
12.20.020 Improvements defined.
“Improvements” includes construction of, or repair of, sanitary sewer, storm drains, sidewalks or walkways, concrete curbs, street paving, alley grading and paving, water line or any other construction in city rights-of-way. (Ord. 725, 1996; Ord. 537, 1989)
12.20.030 Plan review and approval.
Final plans shall be reviewed and approved by the city. Approvals may be required for other permits in conjunction with this application. (Ord. 725, 1996; Ord. 537, 1989)
12.20.040 Bond or deposit – Filing.
Performance Bond. No building permit shall be issued until all public improvements are completed and final acceptance granted or, with the approval of the director of public works, the permittee or the contractor for the permittee may post a performance bond naming the city as obligee or a cash surety may be posted with the city in an amount equal to 115 percent of the cost of the public works improvements prior to issuance of a building permit. A certificate of occupancy shall not be issued until all public works improvements are completed in accordance with approved plans and accepted by the city.
Maintenance Bond. Prior to final approval and acceptance of any major improvements, the permittee or the contractor for the permittee shall post with the city a maintenance bond warranting materials and workmanship, naming the city as obligee or cash surety for the guarantee of the public works improvements in an amount equal to 10 percent of the total cost of the improvements for a period of one year after the completed improvements are accepted by the city. (Ord. 725, 1996; Ord. 537, 1989)
12.20.050 Bond or deposit – Time period.
The surety bond or cash deposit must remain in force until final acceptance of the improvements by the city, and posting of the maintenance bond. Release of the maintenance bond will occur one year from the date of city acceptance unless workmanship and materials are not performing in accordance with city standards, as determined by the city. (Ord. 725, 1996; Ord. 537, 1989)
12.20.055 Insurance required.
When available, a certificate of liability insurance shall be submitted to the city prior to permit issuance. The city of Langley shall be named as additional insured. The minimum insurance coverage shall be determined administratively based on the value of the work and the risk involved.
All applicants shall be required to sign a hold harmless agreement that is included in the application form. (Ord. 725, 1996)
12.20.060 Permit fee.
A fee, as set by council resolution, shall be charged for the right-of-way permit and deposited into the city’s street fund. (Ord. 725, 1996; Ord. 537, 1989)
12.20.065 Application – Form.
The application for a right-of-way use permit shall be on the forms as prescribed by the clerk-treasurer’s office. (Ord. 725, 1996)
12.20.070 Permit issuance.
The city’s public works director shall have the authority to issue the right-of-way use permit upon all requirements of this chapter being met by the permittee and/or the contractor for the permittee.
Construction permits issued under the provision of this code shall expire if work authorized under this permit has not commenced within 180 days of permit issuance or if work authorized under this permit is suspended or abandoned for a period of 180 days.
Temporary permits issued under the provision of this code shall be valid for five consecutive calendar days.
Blanket permits for franchise holders shall expire on the last day of the calendar year in which they are issued. (Ord. 725, 1996; Ord. 537, 1989)
12.20.080 Violation.
Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 832, 2003; Ord. 537, 1989)
12.20.090 Conflicting provisions.
In the event any other city ordinance is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 537, 1989)