Chapter 12.04


12.04.010    Permits.

12.04.011    Definitions.

12.04.015    Road improvement permit required.

12.04.020    Application.

12.04.030    Security deposit.

12.04.040    Permit required.

12.04.050    Exceptions.

12.04.060    Disruption fee.

12.04.070    Inspection.

12.04.080    Open cuts.

12.04.090    Shoulders.

12.04.100    Backfill within roadway.

12.04.110    Backfill within utility strip.

12.04.120    Drainage.

12.04.130    Unsafe travel conditions.

12.04.140    Open trench lengths.

12.04.150    Equipment and material storage.

12.04.160    Cleanup distances.

12.04.170    Sealcoats.

12.04.180    Daily cleanup.

12.04.190    Excess material.

12.04.200    Traffic control.

12.04.210    Adequate materials.

12.04.220    Barricading or closing streets.

12.04.230    Unattended excavations.

12.04.240    Inspection and approval.

12.04.250    Final inspection.

12.04.260    Maintenance bond.

12.04.270    Notice to utilities.

12.04.280    Penalty.

12.04.290    Severability.

12.04.300    Effective date.

12.04.010 Permits.

A right-of-way invasion permit is required by the city for any excavation, construction, or other invasion of city right-of-way by private individuals, contractors, corporation, municipal corporations, special districts and any and all other persons or organizations. Fees related to right-of-way use permits can be found in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 2, 1996; Ord. 462, 1969)

12.04.011 Definitions.

“Department” means the public works department of the city of Lynnwood.

“Director” means the director of the public works department for the director’s designee. (Ord. 2726 § 2, 2008)

12.04.015 Road improvement permit required.

A road improvement permit is required for the construction of new streets, private or public that will be used as rights-of-way. The developer shall apply for a road improvement permit. Road improvement permit fees can be found in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 3, 1996)

12.04.020 Application.

Applications for such permits to use city right-of-way or to create new rights-of-way shall be filed with the director. A plan and profile delineating proposed construction, existing improvements, and proposed method of final site restoration shall accompany the application. The right-of-way invasion permit application and the road improvement permit application shall be submitted to the department for processing as required by LMC 2.44.040. (Ord. 2726 § 3, 2008; Ord. 2076 § 4, 1996; Ord. 462, 1969)

12.04.030 Security deposit.

Upon approval of the plan and profile by the director, the applicant shall be required to post with the city an indemnity bond or cash deposit in the amount of 150 percent of the construction cost of the work in the right-of-way or $2,500, whichever is greater. The amount of the bond or deposit shall be established by the director by determining the cost incurred in backfilling, compaction, restoration of cuts in pavement, adjustment of surface appurtenances and otherwise completely restoring all invasions of city right-of-way to their original condition.

Exception: For permitted work associated with single-family residential projects or for other special circumstances to be judged on a case-by-case basis and not associated with a current or future development, the security deposit may be waived by the director. (Ord. 2726 § 4, 2008; Ord. 462, 1969)

12.04.040 Permit required.

Permits for the construction, excavations, or other invasions within city right-of-way shall be submitted to the department for processing as required by LMC 2.44.040. Permits are valid for 90 days from date of issuance and may be extended upon receipt of a request in writing and approval by the director. Work that extends beyond the expiration date will require the applicant to reapply for a new permit and payment of fees unless an extension is granted by the director. Only one extension, not to exceed 60 days, may be granted on a single permit. The director will have the final determination of a permit extension. (Ord. 2726 § 5, 2008; Ord. 2241 § 4, 1999; Ord. 462, 1969)

12.04.050 Exceptions.

The fees required by LMC 12.04.040 shall not apply to parties dedicating right-of-way to the city by means of recorded plats. (Ord. 462, 1969)

12.04.060 Disruption fee.

No disruption of the right-of-way is allowed for the first five years after a roadway has been improved to current standards by pavement overlay or construction of a new roadway. The director shall determine when special circumstances warrant disruption within the first five years of roadway construction or new pavement overlay.

When an underground utility installation disrupts the right-of-way after the first five years following improvement of a street to city standards, a disruption fee in addition to the permit fee shall apply. This disruption fee shall be five times the regular permit fee in the first year, four times during the second year, three times during the third year, two times during the fourth year, and equal to the permit fee during the fifth year. The director shall notify and coordinate city-franchised companies, other utility companies and such other special districts and municipal corporations as may be subject to the disruption fee as soon as practical following the final decision of the city to so improve a street. (Ord. 2726 § 6, 2008; Ord. 462, 1969)

12.04.070 Inspection.

The city shall exercise full right of inspection of all excavating, construction, and other invasions of city right-of-way. The director shall be notified 72 hours prior to commencing construction. He may issue immediate stop orders in the event of noncompliance with this chapter and/or permits thereunder. (Ord. 2726 § 7, 2008; Ord. 462, 1969)

12.04.080 Open cuts.

No open cut crossings of city streets shall be made without the approval of the director. Restoration of open cuts on city streets shall be as follows:

A. Existing surface to be precut two feet wider than top of trench width;

B. Backfilling and mechanical compaction to 95 percent of maximum density to be accomplished in a maximum of one-foot lifts immediately after installation of pipe;

C. Backfill material shall be completely granular and free draining, excavated material may be used for backfilling with the approval of the city engineer;

D. Immediately following compaction, a four-inch lift of compacted one-and-one-quarter-inch minus crushed rock, and three inches of cold mix asphaltic concrete shall be placed;

E. Final restoration of open cut shall be accomplished prior to final cleanup as follows:

1. Remove temporary cold patch.

2. Edges of existing road surface to be cut and trimmed to a neat line, tacked and a three-inch minimum compacted thickness of Class B asphaltic concrete installed in a manner satisfactory to the director.

3. Restoration shall conform to current city standards. (Ord. 2726 § 8, 2008; Ord. 462, 1969)

12.04.090 Shoulders.

Shoulders disturbed by construction activities shall be restored to substantially the original condition or as shown on the approved plans to the satisfaction of the director. (Ord. 2726 § 9, 2008; Ord. 462, 1969)

12.04.100 Backfill within roadway.

All backfill of trenches within the roadway shall be crushed rock compacted by mechanical means to a minimum density of 95 percent. Upon request the contractor shall at his expense furnish the city as many compaction tests as may be deemed necessary for proof of minimum compaction. (Ord. 2726 § 10, 2008; Ord. 462, 1969)

12.04.110 Backfill within utility strip.

Backfilling and restoration of trenches authorized within a utility strip on fully improved streets shall be accomplished by backfilling in accordance with LMC 12.04.080(B) and (C). (Ord. 2726 § 11, 2008; Ord. 462, 1969)

12.04.120 Drainage.

Existing drainage ditches, culverts, etc., shall be kept clean at all times. Temporary diversion of any drainage system shall not be permitted without the written consent of the director. Any drainage culverts, catch basins, manholes, etc., disturbed by excavation shall be replaced with new material, or repaired as directed by the city engineer. (Ord. 2726 § 12, 2008; Ord. 462, 1969)

12.04.130 Unsafe travel conditions.

If, in the opinion of the city engineer, it appears that the traveled roadway is, or may become, unsafe for the traveling public due to weather or other reasons, work in the right-of-way shall cease immediately and cleanup shall be promptly accomplished. (Ord. 2726 § 13, 2008; Ord. 462, 1969)

12.04.140 Open trench lengths.

Maximum lengths of open trenches on streets shall be 300 lineal feet, except for encased conduit systems which will be coordinated on a project basis by the installer and the director. (Ord. 2726 § 14, 2008; Ord. 462, 1969)

12.04.150 Equipment and material storage.

No staging of equipment or stockpiling of material is allowed in the right-of-way unless approved by the director. (Ord. 2726 § 15, 2008; Ord. 462, 1969)

12.04.160 Cleanup distances.

Final cleanup, including complete restoration of shoulders, cleaning of ditches, culverts and catch basins, removal of loose material from backslope of ditches, shall not exceed 1,500 lineal feet, behind excavating operations. (Ord. 462, 1969)

12.04.170 Sealcoats.

If, in the opinion of the director, the final restoration of open cuts are inadequate to protect the base of the street from erosion caused by seepage of water, the contractor shall be required to sealcoat the full width of the street a reasonable distance to be determined by the director. (Ord. 2726 § 16, 2008; Ord. 462, 1969)

12.04.180 Daily cleanup.

Street surface shall be continuously cleaned throughout the day with a vacuum sweeper or other approved means. Failure to comply shall result in the associated project being halted until such time as the conditions are corrected. Cleaning by means of water washdown into the storm or sanitary sewer system is not allowed. (Ord. 2726 § 17, 2008; Ord. 462, 1969)

12.04.190 Excess material.

No excavated, excess or unsuitable material shall be wasted, stockpiled or windrowed on city right-of-way without expressed consent of the director. (Ord. 2726 § 18, 2008; Ord. 462, 1969)

12.04.200 Traffic control.

A. The applicant shall submit for approval a traffic control plan in accordance with the current Manual on Uniform Traffic Control Devices adopted by the state of Washington.

B. The applicant shall provide off-duty police officers or a Washington State certified traffic control supervisor for traffic control when working within a signalized intersection or within 50 feet of a signalized intersection unless specifically waived by the director. (Ord. 2726 § 19, 2008; Ord. 462, 1969)

12.04.210 Adequate materials.

All materials shall be readily available to the job site and provisions shall be made to complete the construction in one continuous operation. Failure to comply shall result in work in the right-of-way being halted until such time as the conditions are corrected. (Ord. 2726 § 20, 2008; Ord. 462, 1969)

12.04.220 Barricading or closing streets.

No streets shall be closed or barricaded without approval by the director. All applications for barricading or closing streets shall be submitted for approval at least 14 days in advance and contain detour routes adequate for public convenience, safety and travel. The police and fire chiefs shall be notified 24 hours prior to barricading or closing of streets. (Ord. 2726 § 21, 2008; Ord. 462, 1969)

12.04.230 Unattended excavations.

All unattended excavations shall be properly barricaded as to prevent accidents. (Ord. 462, 1969)

12.04.240 Inspection and approval.

The permittee shall not close any excavations nor make use of constructed utilities until inspection and approval of the entire construction site have been made. (Ord. 462, 1969)

12.04.250 Final inspection.

Prior to final approval on construction, a visual inspection of the job site will be made by the director. Restoration of the area shall be complete with all improvements being restored to substantially their original condition. (Ord. 2726 § 22, 2008; Ord. 462, 1969)

12.04.260 Maintenance bond.

If, in the opinion of the director, a maintenance bond is necessary, final approval shall not be granted until a bond in the amount of $2,500 or 15 percent of the original indemnity bond, whichever is greater, is posted with the city. The maintenance bond is to be held by the city for a period of one year from the date of final approval. A cash deposit or guarantee account equal to $2,500 or 15 percent of the original indemnity bond, whichever is greater, may be substituted for the maintenance bond for the same time period. (Ord. 2726 § 23, 2008; Ord. 462, 1969)

12.04.270 Notice to utilities.

As soon as practical following the final decision of the city to improve a street, the city shall notify all utilities or other municipal corporations then making use of the street right-of-way. The city shall make available a plan and profile to all such utilities. The city shall also advise as to its date for commencement of construction. Any facilities belonging to any utility or other street user that have not been relocated so as to conform to the proposed improvement by the commencement date shall remain there at the sole risk of the utility or street user. The city or its agents may thereafter disrupt or damage the facility without liability therefore. (Ord. 462, 1969)

12.04.280 Penalty.

Any person, firm or corporation willfully violating any provision of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $300.00, or by imprisonment in the city jail for a period not exceeding 90 days, or by both such fine and imprisonment. Each day’s violation of the provisions of this chapter may be deemed a separate offense. (Ord. 462, 1969)

12.04.290 Severability.

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid. (Ord. 462, 1969)

12.04.300 Effective date.

This chapter shall take effect February 15, 1969. (Ord. 462, 1969)