Chapter 12.08
CONSTRUCTION, REPAIR AND MAINTENANCE*

Sections:

12.08.010    Purpose.

12.08.020    Definitions.

12.08.030    Permit required.

12.08.040    Joint permits.

12.08.045    Co-locations of underground communications wires, cables and television cables and other connective devices.

12.08.050    Exemptions.

12.08.060    Application – Fees.

12.08.070    Minimum standards – Special conditions.

12.08.080    Permit fee.

12.08.090    Failure to comply with permit –Work stoppage – Revocation of permit – Damages.

12.08.100    Revocation or denial of permit – Appeal.

12.08.110    Liability for defective work.

12.08.120    Purpose for imposition of fees.

12.08.130    Street cuts – New streets – Procedures, fees, and exceptions.

*For the statutory provisions regarding the control of code cities over their streets, see Chapter 35A.47 RCW.

12.08.010 Purpose.

The indiscriminate and uncontrolled performance of work within the right-of-way of public streets, alleys, sidewalks and other public ways, by persons using unsafe material and/or improper methods, is hazardous to the health, safety and welfare of persons using such streets, alleys, sidewalks and other public ways, and is costly to the city in subsequent repairs and/or maintenance. In order to be assured that all work performed by persons within such streets, alleys, sidewalks and other public ways is in accordance with the minimum standards of the city, it is necessary that the city, in the exercise of its police power, establish regulations governing the same. (Ord. 2320 § 1, 1988; Ord. 791 § 1, 1955).

12.08.020 Definitions.

The following terms when used in this chapter shall be construed to mean as follows:

(1) “Alley” means a duly dedicated public alley;

(2) “Person” means the plural as well as the singular, and shall include any partnership, association, group or corporation;

(3) “Right-of-way” means all real property owned or held by the city in fee, or by way of easement, or dedicated to the public and located within the city, and used or intended for use as a street, alley, sidewalk, public way or easement for public or private utilities, whether developed or undeveloped;

(4) “Sidewalk” means a concrete walk for pedestrian use outside the building lot line of any property owner and constructed for use by the general public;

(5) “Street” means a duly dedicated public street.

(6) “Micro-trenching” or “microtrenching” means the process of creating narrow and shallow trenches in roadways, or in the ground, typically ranging from one-half to two inches in width and six to 12 inches in depth for the purpose of installing fiber optic cables, conduits, and other telecommunication infrastructure. (Ord. 3509 § 1, 2024; Ord. 2320 § 1, 1988; Ord. 791 § 2, 1955).

12.08.030 Permit required.

No public alley, sidewalk, street, public way or right-of-way within the city, whether the same is developed or undeveloped, shall hereafter be constructed, altered, maintained or repaired, nor shall any construction work, alteration, maintenance or repair work be performed within the area of any such public alley, sidewalk, street, public way or right-of-way, without a written permit therefor being first duly obtained from the office of the city engineer. The terms “constructed, altered, maintained or repaired,” shall, for purposes of this chapter, be deemed to include the excavation of soils and the construction of embankments necessary or desirable to facilitate the installation, repair, replacement, maintenance or removal of any utility lines, driveways, curbs, drains or other structures, services or improvements. (Ord. 2320 § 1, 1988; Ord. 791 § 3, 1955).

12.08.040 Joint permits.

In those instances where such construction, alteration, maintenance or repair work is to be performed by two or more persons, only one permit shall be required. The cost for such permit shall be the obligation of the applicant, and the applicant shall be responsible for compliance with all of the terms of such permit, including any subsequent repairs deemed necessary to correct defective work as provided in LMC 12.08.090. (Ord. 2320 § 1, 1988; Ord. 791 § 4, 1955).

12.08.045 Co-locations of underground communications wires, cables and television cables and other connective devices.

(1) Any person, firm or corporation hereafter seeking to install underground cables, wires, or other connective devices within, across, along, under or through any right-of-way for communications purposes or for cable television purposes shall:

(a) Install conduit in such a diameter as shall be determined by the city engineer as being capable of accommodating cables or wires of additional other communications service providers and/or cable television; and/or

(b) Place their cables and/or wires into existing conduit that has been installed to accommodate cables and/or wires of multiple providers of communications service and/or cable television;

(c) Direct burial shall not be allowed. All underground cables or wires shall be placed in conduit of the material, size, and alignment prescribed by the city engineer.

(2) In the event that underground conduit installed to accommodate multiple providers of communications service and/or cable television is used for the installation of cables or wires of an additional provider or providers, the initial installer of such conduit shall be entitled to charge to and recover from such other users of such conduit prior to their installation of cables or wires, a one-time charge of an amount which is equal to but not in excess of any additional cost incurred by such installer (not including any permit fees or inspection fees) of conduit of the actual installed size as compared with the cost of the size of conduit necessary to accommodate only the cables or wires of such installer; provided, however, that this subsection shall only be applicable to subsequent installations of cables or wires that occur within 36 calendar months after the initial installation of such conduit.

This section shall be inapplicable in instances where the placement of such wires or cables will interfere with other wires or cables as determined in writing by an independent electronic/communications engineer.

(3) Micro-trenching is not an allowed activity. (Ord. 3509 § 2, 2024; Ord. 2659 § 2, 1997).

12.08.050 Exemptions.

No permit shall be required for the following:

(1) Construction or maintenance projects undertaken by a utility or the city pursuant to a contract between the city and its contractor; or construction or maintenance projects undertaken by city departments;

(2) Work allowed and approved by other permits issued by the city;

(3) The planting or maintenance of decorative vegetation within a right-of-way, including street trees as they may be regulated by law; provided, that vegetation in a right-of-way is subject to removal at any time by order of the city engineer, without liability for damages to the person owning the vegetation;

(4) Those uses which the city engineer finds to be of a minor nature, for which a permit is not justified; and

(5) Emergency repairs to existing facilities. (Ord. 2320 § 1, 1988; Ord. 791 § 5, 1955).

12.08.060 Application – Fees.

Permits pursuant to this chapter may be issued by the office of the city engineer, upon receipt of a written application therefor, and upon the payment of the required permit fees. The application shall be on a form provided by the office of the city engineer, and shall require the following minimum information:

(1) The name and address of the applicant, and, if the applicant is a corporation or similar entity, the name and address of its agent;

(2) A description of the intended work to be performed, the anticipated commencement and ending construction dates;

(3) Plans for the proposed work, or, in the event of minor work as determined by the city engineer, a sketch in a format satisfactory to the city engineer’s office. Whenever applicable, standard plans adopted by the city or included in the current edition of the APWA Standard Specifications shall be used; provided, however, that plans are not required in advance of the performance of emergency repairs to existing installations or for the replacement or substitution of cables or wires in existing underground or overhead installations; provided further, that such plans shall be submitted within 72 hours following the completion of such work.

Subject to the appeal provisions of LMC 12.08.100, the city engineer may deny the issuance of a permit to any person or entity that has failed within the past three years to comply, or is presently not in compliance with the provisions of this chapter, or has demonstrated a past history of performing work in the city of Longview that has caused damage to public infrastructure, or which was performed in violation of the law. (Ord. 3465 § 1, 2022; Ord. 2659 § 3, 1997; Ord. 2320 § 1, 1988).

12.08.070 Minimum standards – Special conditions.

All work to be performed in accordance with this chapter shall conform to the minimum requirements of the Standard Specifications for Public Works, as adopted in Chapter 14.04 LMC. In addition, the city engineer, in order to maintain the integrity of existing improvements and to provide for public health, safety and welfare, may impose such additional terms upon such permits as he shall deem necessary. Such conditions may be modified, if conditions warrant, during the life of such permit. (Ord. 2320 § 1, 1988).

12.08.080 Permit fee.

Fees for permits issued pursuant to this chapter shall be as determined by resolution of the city council. (Ord. 2320 § 1, 1988).

12.08.090 Failure to comply with permit –Work stoppage – Revocation of permit – Damages.

In the event that a permit holder should, in the performance of work under such permit, fail to comply with the terms thereof, or perform the work in accordance with such terms, the city engineer may order that all work pursuant to such permit be halted until compliance with such permit; if, within 30 days after the stoppage of work, the permit holder has not complied with the permit terms, the city engineer may revoke the permit. In the event that it is necessary for the city to perform work to correct defective work or materials of any permit holder after revocation of such permit, the city shall have the right to recover from such permit holder the cost of the work performed by the city. (Ord. 2320 § 1, 1988).

12.08.100 Revocation or denial of permit – Appeal.

Any action of the city engineer revoking a permit issued pursuant to this chapter or denying an application for said permit shall be appealable to the hearing examiner of the city within 10 days thereafter, which appeal shall be upon written notice to the hearing examiner, and which appeal shall be considered within 10 days after receipt thereof by the city. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal. The decision of the hearing examiner shall be final, binding and conclusive. (Ord. 3465 § 2, 2022; Ord. 2320 § 1, 1988).

12.08.110 Liability for defective work.

In the event that any work performed pursuant to this chapter should be improperly performed, or should become defective within one year after the termination of the permit or the conclusion of the work, the person to whom the permit was issued shall be responsible for correcting such defective work, or paying the cost of such correction. Defective work shall include, but not be limited to, settlement within the areas of excavation or em-bankment, or pavement failure. Upon notification of the existence of such defective work, the holder of such a permit shall take immediate steps to remedy such defective work. (Ord. 2320 § 1, 1988).

12.08.120 Purpose for imposition of fees.

The fees for permits under this chapter shall not be deemed to be fees for use of streets, alleys, sidewalks or other public ways. The fees imposed pursuant to this chapter are for the sole purpose of administration of this chapter and to pay the cost of inspections necessitated by work performed under the terms of this chapter. (Ord. 2320 § l, 1988).

12.08.130 Street cuts – New streets – Procedures, fees, and exceptions.

(1) Excavation in City Streets within Five Years of Street Paving Prohibited. No permit shall be issued for any openings, cuts or excavations in any city street for a period of five years following the date such street was paved or repaved, except as provided in this section.

(2) Notification of Intent to Pave.

(a) Whenever paving or repaving of any city street is authorized, the director of public works shall promptly mail written notice thereof to the following:

(i) Each person owning any sewer, water, conduit, or other utility in or under said street or any real property, whether improved or unimproved, abutting said street;

(ii) The owner of record of real property abutting said street;

(iii) Any applicable state or local agencies;

(iv) Holders of franchise agreements with the city allowing utilities in any public right-of-way within the city;

(v) City departments that may need to perform work within the affected street; and

(vi) All other persons who register with the city clerk to receive such notice.

(b) The notice shall state that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of five years after the date of completion of paving or repaving. The notice shall also state that applications for permits to excavate prior to such paving or repaving shall be submitted promptly in order that the work covered by the permit may be completed by the deadline established for such work by the director of public works.

(c) Notice shall be provided to those parties specified in subsection (2)(a) of this section upon:

(i) Commencement of city designed paving or repaving project.

(ii) City execution of a design contract for a specific paving or repaving project.

(iii) City approval of the development permit or permits necessary to undertake all other paving or repaving projects.

(d) In addition to any notice required under this subsection (2), following adoption of the annual Transportation Improvement Program (TIP) by the city council, the director of public works shall promptly provide notice thereof to all city franchise holders.

(3) Deadline for Work. All utility work that must be accomplished prior to a paving or repaving project shall be completed by the date of city authorization of the construction contract for the project, or, in the case of noncity projects, upon city issuance of a right-of-way permit for the paving or repaving. The director of public works may set a later deadline if the director determines that allowing more time will not interfere with the planned work.

(4) Exceptions. No permit for excavation shall be issued within the five-year period after expiration of the deadline, unless the director of public works determines that:

(a) Denying the permit would work an undue hardship on the person applying for the permit and the need for the excavation could not have been reasonably anticipated before expiration of the deadline;

(b) An emergency exists that requires such an excavation to protect the public health, safety or welfare;

(c) The excavation is required to provide new services to new buildings or new residences constructed subsequent to the completion or resurfacing of the public right-of-way that were not reasonably anticipated to be constructed and in need of the services at the time of the completion or resurfacing of the public right-of-way involved;

(d) The applicant can install the utility under the street in a manner that shall not disturb the integrity or surface of the street; or

(e) Work for which the city’s denial of a permit would violate state, local, or federal law.

(5) Fees for Street Cuts Within the Five-Year Period. Any street use permit issued pursuant to subsection (4) of this section shall require an additional fee as follows:

(a) Ten thousand dollars if the cut is made within one year after the street has been overlaid;

(b) Eight thousand dollars if the cut is made within two years after the street has been overlaid;

(c) Six thousand dollars if the cut is made within three years after the street has been overlaid;

(d) Three thousand dollars if the cut is made within four years after the street has been overlaid; and

(e) One thousand five hundred dollars if the cut is made within five years after the street has been overlaid.

Fees collected shall be deposited into the arterial street fund (ASF.)

(6) Excavation by City Departments. Every city department or official responsible for any work that may require any opening, cut or excavation in a street is directed to take appropriate measures to perform such excavation work within the deadline set by the director of public works.

(7) Appeals. In the event that the director of public works denies an application, the applicant’s remedy shall be to appeal to the city hearing examiner. The applicant shall file a written notice of appeal with the city clerk within 15 days from the date of receipt of the denial of the excavation permit application. The appeal notice shall state the specific reasons for objection to the decision of the director of public works. Additionally, the appeal notice shall include the specific exemption or exemptions from subsection (4) of this section that applicant believes applies to their application. Appeal notices not containing this information shall be returned to the applicant, who will then have seven days to address deficiencies in their appeal. The hearing examiner shall set a date to hear the applicant’s appeal and conduct a hearing on the applicant’s appeal within 45 days of the date the city clerk received the complete notice of appeal. (Ord. 3463 § 1, 2022).