Chapter 12.04
STREET WORK PERMITS
Sections:
12.04.010 Permit – Required when – Emergency exception.
12.04.020 Permit – Terms and conditions.
12.04.030 Permit – Fee – Furnishing of restoration specifications.
12.04.040 Permit – Issuance – Notice of work completion – Bond forfeiture.
12.04.050 Inspection authorized – Fee.
12.04.060 Performance bond required.
12.04.070 Liability insurance cover.
12.04.090 Safety devices required.
12.04.100 Notification of intent to pave – Excavation restrictions.
12.04.110 Pavement cutting – Administrative variance.
12.04.120 Violation – Penalty.
12.04.010 Permit – Required when – Emergency exception.
It is unlawful for any person, firm or corporation to cut up, dig up, undermine, break, excavate, tunnel or in any way disturb or obstruct any street, alley, or any street pavement or improvement or other city-owned property in the city without first having obtained written permission as provided in this chapter; provided, however, that in case of an emergency occurring outside of regular office hours, whenever an immediate excavation may be necessary for the protection of life or public or private property, such matter shall be reported immediately to the director of public works, who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit shall be made in the manner provided in this chapter on or before 12:00 noon of the next following business day. (Ord. 1480 § 1, 2001; Ord. 549 § 1, 1968).
12.04.020 Permit – Terms and conditions.
Such permit shall be granted only upon compliance with the following terms and conditions:
A. The party requesting such permit shall make application in writing and simultaneously therewith file with the city a plat showing the location and plan of the excavation, cutting or other work desired to be done, and the street, alley or place to be so used, together with a full description of the nature of the work. The director of public works shall thereupon examine such application and plat, and if the same shall be approved and proper performance bond filed, as hereinafter provided, permits may be issued.
B. Such permit shall specify the place where such acts are to be performed and done, together with a description of the proposed work to be done under such permit and the length of time allowed for the completion thereof. The permittee shall further be required to replace to its former condition whatever portion of the street, alley, pavement or improvement that may have been disturbed or affected in any way during such work, and such permit may further specify whether the city elects to do the work of restoring the surface as provided in this chapter.
C. The acts and work permitted under such permit, and the restoration to its former condition of such street, alley, pavement or improvement, shall at all times be performed under the supervision and control of the director of public works or an appointed designee, but at the sole cost and expense of the permittee.
D. In making any excavation, cut or break in any public street, avenue, or alley, the materials thus excavated from the trenches thereof not otherwise suitable for backfilling shall be disposed of as directed by the city. All such excavations shall be backfilled with approved materials and shall be compacted to a minimum of 95 percent.
E. The maximum length of any open trench during such work shall at no time exceed 200 lineal feet, except when otherwise granted by special written permission from the director of public works. No open ditches shall be left overnight or on weekends.
F. All existing storm sewer facilities and other utilities that are moved or disconnected during such work shall be replaced immediately as directed, and all excavated areas shall be cleaned thoroughly and swept immediately after backfilling and after completion of compaction. All cuts shall be continuous, and shall be made with saws specifically equipped for this purpose. No skip cutting will be allowed. Any pavement which is damaged outside the allowable trench widths shall be repaired entirely at the contractor’s expense.
G. If the director of public works so elects, all excavated materials at intersections shall be removed and disposed of and steel driving plates placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times.
H. In excavating any public street, avenue or alley, the surface material and earth removed must be kept separate and deposited 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 the traveling public. Such surface or pavement, after refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the permittee shall fail to complete such work and restore such street, alley, pavement or improvement before the expiration of the time fixed by such permit, the director of public works shall, if he deems it advisable, cause such work to be done by the city or any other party in order to return such street alley, pavement, improvement, or place to its original and proper condition as it existed immediately prior to such excavation; in such case the permittee shall be liable unto the city for any and all work performed, and the city shall have the right to proceed against the performance bond filed by said permittee as provided in this chapter. The city shall have a right of action against such permittee for all fees, expenses and costs paid out and incurred in connection with such work, not otherwise covered by said bond.
I. The permittee, as a further condition to the issuance of such permit, shall warrant and guarantee unto the city the work performed and the restoration of the premises for a period of two years from the date of completion of such work.
J. If a permit is issued for excavation for the purpose of installing, maintaining, repairing, or replacing any gas service line to carry gas from a main or gas line, within a street, alley or public place to private property for use of such gas thereon, the permittee shall further agree, in the application for any such permit, that if the structure or facility on any such private property to which gas is introduced or furnished by the service line shall thereafter cease to be occupied for one year or more, or shall no longer be used or useful, the permittee and each of its successors and assigns will, upon any such occurrence, cut and cap such service line to prevent further flow of gas to such structure or facilities, or, upon written demand of the city take such similar action. Upon completion of such work including the capping of such line, the same shall be reported to the city in writing. Permittee agrees, whenever possible, to notify the city in writing whenever any such structure or facility has ceased to be serviced by any gas line or has otherwise discontinued or abandoned the use thereof.
K. The city shall have the right to elect, and to specify such election on the permit to be issued, that the refilling of all trenches made in a public street, alley or highway, and the repaving or resurfacing thereof, may be done by the city and any and all costs and expenses in connection therewith be charged to and paid by the permittee and/or the sureties of his/her performance bond. Such bond shall be in an amount not less than the anticipated cost of the work to be done.
L. The city will not be responsible for locating and/or exposing city-owned or private utilities, storm drains, sewers, or any underground facility; the city will, however, attempt to the best of its ability to reference, in general, underground facilities. It shall be the sole responsibility of the permittee to use whatever proper precautions are necessary in all excavation with respect to all underground facilities to ensure the prevention of any damage whatsoever, to include the use of hand labor if necessary. (Ord. 1480 § 1, 2001; Ord. 549 § 2, 1968).
12.04.030 Permit – Fee – Furnishing of restoration specifications.
The fee will be as required by the latest fee structure ordinance codified in Chapter 3.48 MMC. The director of public works shall furnish specifications for street, alley, and roadway restoration to the permittee. (Ord. 1480 § 1, 2001; Amended at city’s request, 2/9/84; Ord. 549 § 3, 1968).
12.04.040 Permit – Issuance – Notice of work completion – Bond forfeiture.
Such permit shall be issued in duplicate and one copy shall be filed with the clerk and one copy with the director of public works, who shall notify the clerk when the street, alley, or other improvements have been restored to their former condition as requested by this chapter. Immediately upon the completion of the acts or work allowed under such permit, written notice thereof shall given to the city by the permittee. (Ord. 1480 § 1, 2001; Ord. 549 § 4, 1968).
12.04.050 Inspection authorized – Fee.
The director of public works may, if in his/her judgment the nature and type of work are such as to require inspection thereof, either during the progress of such work or after the premises affected have been restored to its original condition, or at both said times, inspect the same at the expense of the permittee, and said permittee shall pay an inspection fee of $30.00 per hour, rounded to the nearest half-hour. (Ord. 1480 § 1, 2001; Ord. 549 § 5, 1968).
12.04.060 Performance bond required.
The applicant for any such permit, the issuance thereof as provided in this chapter, shall execute and deliver unto the city and file with its clerk a performance bond in such amount as shall be fixed by the director of public works, which bond, or any additional bond and/or separate liability insurance coverage elsewhere provided in this chapter shall also provide that the applicant will keep and save the city harmless from any and all claims, liabilities, judgments, loss, damages, expenses arising from any acts which said permittee may do under the permit, or which may be done by any of his/her agents, servants, representatives or employees in excavation or disturbing any such alley, street, pavement or improvement, or by reason of the violation of any of the provisions of this chapter, and to otherwise fully warrant the work and acts required hereunder for a period of two years. (Ord. 1480 § 1, 2001; Ord. 549 § 6, 1968).
12.04.070 Liability insurance cover.
The applicant shall furnish satisfactory evidence of liability insurance in the amounts of $1,000,000, $2,000,000, and $1,000,000. The applicant shall obtain and keep in force during the term of the permit public liability and property damage insurance in companies and in form to be approved by the clerk. Said insurance shall provide coverage to the applicant, any subcontractor performing work provided by the permit and the city. The city shall be named as an additional insured on said policy insofar as the work and obligations performed under the permit are concerned. The coverage so provided shall protect against claims for personal insurance and injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the applicant or the subcontractor, or by anyone directly or indirectly employed by either of them. The minimum policy limits of such insurance shall be as follows: bodily injury liability coverage with limits of not less than $1,000,000 for bodily injury, including accidental death, to any one person, and subject to that limit for each person, in an amount not less than $2,000,000 for each accident; and property damage coverage in an amount of not less than $1,000,000 for each accident. (Ord. 1480 § 1, 2001; Ord. 549 § 7, 1968).
12.04.080 Permit – Form.
The permit required by this chapter shall be in a form substantially as follows:
Department of Public Works
Milton, Washington
Street Work Permit No. ______
As required by Ordinance _____
Date _____
Name:
Address
(For whom work is being done)
Name:
Address
(Contractor)
You are hereby granted permission to
(Give description, size and purpose of work doing)
Work to be completed on or before
Special provisions
The holder of this permit agrees to complete the work for which this permit is granted, and to do so in accordance with the requirements of Milton Municipal Code Chapter 12.04 and to the satisfaction of the director of public works before final acceptance as required by the provisions of his bond. Trench backfill must consist of 5/8 inch crushed gravel unless waived by the director of public works. The holder also agrees to indemnify and hold the city of Milton harmless from any and all loss or damages done to any person or property which may arise from the construction operations covered by this permit, and to protect the public by placing sufficient barricades and lights and signage, all in accordance with existing ordinances, and consistent with the latest edition of the Manual on Uniform Traffic Control Devices. Time of permit expires in 30 days unless otherwise noted.
All work must be inspected before being covered or before backfilling takes place, and the finished job must be inspected and accepted by the director of public works or designee upon final completion of the work.
City will not guarantee water works information.
The permittee hereby agrees to all the above stipulations.
_______________ _________
(Signature of Applicant)
By______________
Dir., Public Works
Project Accepted:_______
(Date)
By______________
Dir., Public Works
Remarks:
(Ord. 1480 § 1, 2001; Amended at city’s request, 2/9/84; Ord. 549, 1968).
12.04.090 Safety devices required.
In case any public street, alley, pavement, improvement or place shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and maintained around the portion of the street, alley, pavement, improvement or place so disturbed, such barriers, lights, signs, flagmen and other safety devices as may be required by the latest, revised Manual on Uniformed Traffic Control Devices and director of public works and failure to do so shall constitute a violation of this chapter. (Ord. 1480 § 1, 2001; Ord. 549 § 8, 1968).
12.04.100 Notification of intent to pave – Excavation restrictions.
Whenever the city council enacts any ordinance or resolution providing for the construction, paving or resurfacing of any street, the director of public works shall promptly mail a written notice thereof to each person or firm owning conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons or firm 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 enactment of such ordinance or resolution. Such notice shall also notify such persons or firm that applications for excavation permits, for work to be done prior to such construction, paving or resurfacing, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 60 days from the date of enactment of such ordinance or resolution. The director shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and city departments or other persons that may desire to perform excavation work in said city street.
Within said 60 days every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this chapter, as may be necessary to install or repair conduits or other utility installations. In the event any owner of real property abutting said street shall fail within said 60 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said street shall be forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless in the judgment of the director an emergency as described in this chapter exists which makes it absolutely essential that the excavation permit be used.
Every city department or official charged with responsibility for any work that may necessitate any opening, cut or excavation work within said 60-day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said city street during said five-year period. (Ord. 1480 § 1, 2001).
12.04.110 Pavement cutting – Administrative variance.
All pavement types shall not be cut for a period of five years after the pavement has been constructed or resurfaced. In cases of emergency or construction failures or if all alternatives to pavement cutting have been exhausted, provisions to allow cutting of the pavement may be obtained if approved by the city. Provisions shall be conditioned on providing a standard asphalt patch and minimum 150 linear foot full width overlay for asphalt concrete pavement and bituminous surface treatment pavement or standard cement concrete restoration for cement concrete pavements. The director of public works may authorize deviations from the requirements of this section using the process and review criteria of MMC 12.24.190. (Ord. 1804 § 1, 2012; Ord. 1480 § 1, 2001).
12.04.120 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as set forth in Chapter 1.08 MMC. (Ord. 1480 § 1, 2001; Ord. 549 § 9, 1968. Formerly 12.04.100).