Chapter 13.50
IMPROVEMENTS*

Sections:

13.50.010    Definitions.

13.50.020    Permits and bonds.

13.50.030    Fees – General.

13.50.040    Fees for public and privately owned utilities.

13.50.050    Fee refunds.

13.50.060    Construction on public right-of-way.

13.50.070    Inspection – Approval – Violation.

*Prior legislation: Ords. 1857 and 1946.

13.50.010 Definitions.

A. For the purpose of this chapter, “public or private improvements” are defined as all construction constituting a valuable addition to or modification of all public and private lands by the installation of any and all facilities conveying water, sanitary sewage, storm waters, grading, clearing, electricity, heating gases, telephone and television signals, and vehicular and pedestrian traffic, and by creating in accordance with City ordinances vehicular parking, landscaping, irrigation, and sight-screening on private property. (Ord. 2190 Ch. I, 1998).

13.50.020 Permits and bonds.

A. Permits. A permit is required for the construction of all public and private improvements where earth is disturbed on or under public or private properties.

B. Applications. Applications for such permits shall be filed with the City a minimum of 15 days prior to the anticipated commencement of construction. Plans and profiles as required by the Engineering Division shall accompany said application delineating all proposed construction.

C. Assuring Performance. Prior to starting any associated building construction and upon approval of all required plans by the Engineering Division, all applicants except public or private utilities will assure the City that all water mains, sanitary sewers, storm drain systems, public roadways and emergency vehicle access required by ordinance and development conditions will be installed in accordance with City standards by either:

1. Installation of all improvements as delineated on the approved plan and profile;

2. Performance guarantee as provided in the City’s current ordinance establishing acceptable types of guarantees.

D. Maintenance Guarantee. Prior to acceptance by the City of any newly constructed public improvements to be deeded to the City, the developer shall file with the City a construction maintenance guarantee as provided in the City’s current ordinance establishing acceptable types of guarantees in the amount of 20 percent of the estimated construction cost, said maintenance guarantee to be held by the City for a period of two years from the date of acceptance of said improvements. Should any failures occur within this two-year period, the City shall require the applicant, at his cost, to correct all failures. Should the applicant fail to perform within a period of 15 days of notice from the City, the City shall use said maintenance guarantee to correct any failures.

E. Validity of Permit. The issuance of a permit based upon approved plans, specifications, and other data shall not prevent the City Engineer from thereafter requiring the correction of errors in said plans, specifications, and other data, or from preventing construction being carried on thereunder when in violation of this chapter or any other ordinance or standard of the City.

F. Approvals and Expirations.

1. Application for Construction Permits and Expiration of Plans in Review. Prior to issuance of construction permits for public or private improvements, applications and plans for the construction shall be submitted for approval by the City Engineer or his designated representative. All plans shall conform with the City’s Comprehensive Plans, ordinances, adopted standards, and applicable conditions of approval and mitigation measures. Applications and plan reviews for which no meaningful action to advance the application has been taken by the applicant within 180 days of the date of application, or the date of the most recent written directive from the City’s plan reviewer, shall expire by limitation. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action being taken. No application and plan review shall be extended more than once. In order to renew action on any application after expiration, the applicant shall resubmit applications and plans and pay a new filing and plan check fee.

2. Approval of Plans and Expiration of Approved Plans. Upon completion of review for conformance, the City Engineer, or his designee, will affix his/her signature and date of approval to the construction drawings. Approval for plans for which no permit is issued within 180 days following the date of approval shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action being taken. No plan approval shall be extended more than once. In order to renew action on any application after expiration, the applicant shall resubmit plans and pay a new filing and plan check fee.

3. Expiration of Permits. Every permit issued by the City Engineer, or his designee, under the provisions of this chapter shall expire by limitation and become null and void if the construction authorized by such permit is not commenced within 180 days from the date of such permit, or if the construction authorized by such permit is suspended at any time after the work is commenced for a period of 180 days. Before such construction can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work; provided, no changes have been made or will be made in the original plans and specifications for such work; and provided, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration resulting from suspension or abandonment exceeding one year, the permittee shall submit a new application and plans, pay a filing and plan check fee and, upon approval of the plans, pay a permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The City Engineer may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

4. Current Approved Plans and Issued Permits. All applications, plan reviews, approved plans or construction permits issued prior to the date of effect of the ordinance codified in this chapter are hereby placed under the conditions of this chapter with the time limitations beginning on the date of effect of the ordinance codified in this chapter.

5. Investigations of Work without a Permit. Whenever any work for which a construction permit is required by this chapter has been commenced without first obtaining said construction permit, a special inspection shall be made before a construction permit may be issued for such work. (Ord. 2190 Ch. II, 1998).

13.50.030 Fees – General.

A. Fees – General. Fees for permits for said improvements shall consist of a plan check fee, construction permit fee and, when applicable, hourly fees for work not covered under the plan check and construction permit fee, including, but not limited to, inspections outside normal business hours; reinspections; additional plan review required by changes, additions, revisions to plans and supporting documents; and requested time extensions. If work has commenced without a construction permit, an investigation fee shall also be assessed. All fees shall be payable to the City of Mountlake Terrace.

B. Plan Check Fee. In addition to the filing fee, a plan check fee in accordance with the adopted City fee schedule shall be assessed at the time of application.

C. Construction Permit Fees. After review and approval by the City Engineer and/or Planning Manager, or their designees, as applicable, of the application and plans, a construction permit will be issued upon payment of construction permit fees.

1. Construction permit fees for improvements required by ordinance, such as water, sanitary sewage, vehicular traffic facilities, clearing, grading, pedestrian traffic facilities, retaining walls, parking, landscaping, and irrigation shall be assessed in accordance with the adopted City fee schedule.

2. Construction Cost Estimate. To assure that accurate permit fees are assessed, each application for said permits shall be accompanied by a detailed breakdown of the total estimated construction cost. Each cost breakdown shall include major items of each improvement showing quantities, unit prices, and total item cost. The City Engineer, or his designee, will determine if said cost breakdown is accurate. When the City has established standardized unit prices and values for various components of construction, those shall be used by the applicant in preparing the cost breakdown.

D. Hourly Fees. Fees for work including, but not limited to, inspections outside normal business hours; reinspections; additional plan review required by changes, additions, or revisions to plans and supporting documents; and requested time extensions shall be in accordance with the adopted City fee schedule.

E. Fees for Investigations of Work without a Permit. An investigation fee, in addition to the construction permit fees, shall be collected whether or not a construction permit is then or subsequently issued. The investigation fee shall be equal to the amount of the construction permit fee required by this chapter. The minimum investigation fee shall be the same as the minimum construction permit fee required by this chapter for the classification of work, and shall be in accordance with the adopted City fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. (Ord. 2190 Ch. III, 1998).

13.50.040 Fees for public and privately owned utilities.

A. Where a public or privately owned utility company such as Washington Natural Gas Company, Snohomish County P.U.D. No. 1, General Telephone Company, etc., provides its own operational acceptance testing and inspections and owns, operates, and maintains the facility constructed, the fees shall consist of a plan check and construction permit fee and, when applicable, hourly fees for work not covered under the plan check and construction permit fee. These fees and street invasion deposits, if required, shall be payable to the City as billed monthly or quarterly at the option of the utility.

B. Plan Check and Construction Permit Fees for Underground Distribution Lines with or without Services. A plan check and construction permit fee for the underground installation including extension, repair, or modification of any system, including such building services as have been included in the application, shall be assessed in accordance with the adopted City fee schedule.

C. Plan Check and Construction Permit Fees for Overhead Distribution Lines with or without Services. A plan check and construction permit fee for the overhead installation, including extension, repair, or modification of any system including such building services as have been included in the application, shall be assessed in accordance with the adopted City fee schedule.

D. Plan Check and Construction Permit Fees for Individual Underground Service. A plan check and construction permit fee in accordance with the adopted City fee schedule shall be assessed for each underground building service not disturbing an improved portion of public right-of-way or other improvement. For each building service disturbing an improved portion of public right-of-way, a plan check and construction permit fee shall be assessed in accordance with the adopted City fee schedule when such services are constructed separate from a distribution line installation.

E. Plan Check and Construction Permit Fees for Individual Overhead Service. A plan check and construction permit fee in accordance with the adopted City fee schedule shall be assessed for each individual service where overhead service is authorized by City policy and when such services are constructed separate from a distribution line installation.

F. Hourly Fees. Fees for work including, but not limited to, inspections outside normal business hours; reinspections; additional plan check required by changes, additions, or revisions to plans and supporting documents; and requested time extensions shall be in accordance with the adopted City fee schedule. (Ord. 2190 Ch. IV, 1998).

13.50.050 Fee refunds.

A. Erroneously Collected or Paid Fees. The City Engineer may authorize refunding of any fee paid specified in this chapter which was erroneously paid or collected.

B. Plan Check Fees. The City Engineer may authorize refunding of not more than 80 percent of the plan review fee paid when the application is withdrawn or canceled before any plan reviewing is done.

C. Permit Fees. The City Engineer may authorize refunding of not more than 80 percent of the construction permit fee when no work has been done under a construction permit issued in accordance with this chapter. (Ord. 2190 Ch. IV, 1998).

13.50.060 Construction on public right-of-way.

A. The City shall exercise full control of all excavating, construction, and other invasions of City rights-of-way. The Engineering Division shall be notified 48 hours prior to commencing construction.

B. No open-cut crossings of City streets shall be made without the approval of the Engineering Division.

C. All open cuts of City streets shall be in accordance with the current adopted edition of the City of Mountlake Terrace Engineering Standards and the current edition of the Washington State Department of Transportation/APWA Standard Specifications for Road, Bridge, and Municipal Construction.

D. Shoulders disturbed by excavation shall be reshaped to the satisfaction of the Engineering Division and followed with a minimum four-inch compacted crushed rock top course.

E. All backfill of trenches within the improved roadway shall be compacted by mechanical means to the minimum density of 95 percent.

Upon request, the contractor shall, at his expense, furnish the Engineering Division as many compaction tests as the Engineering Division may deem necessary for proof of minimum compaction. Compaction by water settling or wheel rolling shall be permitted only with the consent of the Engineering Division.

F. Backfilling and restoration of trenches authorized within the utility strip on fully improved streets shall be accomplished as follows:

1. Areas shown on the drawing or as required by the Engineering Division to receive seeding or sodding shall receive topsoil. Areas to be seeded shall receive four inches of topsoil; areas to be sodded shall receive three inches of topsoil.

G. Existing drainage ditches, culverts, etc., shall be kept clean at all times. Temporary diversion of any drainage system shall not be permitted without the consent of the City Engineer. Any drainage culverts, catch basins, manholes, etc., disturbed by excavation shall be replaced with new material, or repaired as directed by the Engineering Division.

H. If, in the opinion of the Engineering Division, it appears that the traveled roadway is, or may become, unsafe for the traveling public due to weather or other reasons, excavation shall cease immediately and cleanup shall be promptly accomplished.

I. Maximum lengths of open trenches on streets shall be 200 lineal feet.

J. All pipe strung along City rights-of-way shall be placed at a safe distance from traveled roadways in such a manner as to avoid accidental rolling onto roadways.

K. Final cleanup, including complete restoration of shoulders, cleaning of ditches, culverts, and catch basins, and removal of loose material from back slope of ditches, shall not exceed 1,500 lineal feet, behind excavating operations.

L. If, in the opinion of the Engineering Division, the final restoration of open cuts is inadequate to protect the base of the street from erosion caused by seepage of water, the contractor shall be required to seal coat the full width of the street a distance to be determined by the Engineering Division.

M. Street surface shall be cleaned at the end of each day’s operation with a power broom or other approved means.

N. No excess material or unsuitable material shall be wasted on City rights-of-way without expressed consent of the Engineering Division.

O. Signs and traffic control devices shall be in accordance with regulations established by the Washington State Department of Labor and Industry or the latest edition of the Manual on Uniform Traffic Control Devices, whichever is more restrictive.

P. 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 excavation being halted until such time as the conditions are corrected.

Q. The Police and Fire Departments shall be notified 24 hours prior to barricading or closing of streets. Proper provisions shall be made for the public convenience, safety, and travel.

R. All unattended excavations shall be properly barricaded as to prevent accidents. (Ord. 2190 Ch. VI, 1998).

13.50.070 Inspection – Approval – Violation.

A. The Engineering Division shall be notified 24 hours prior to any requested inspection, except where emergency repairs in existing systems are necessary to maintain normal operation.

B. Prior to final approval of construction, the applicant shall furnish the Engineering Division all tests the City deems necessary to assure proper installation of all improvements. Should any improvements be rejected, the applicant shall make required repairs and retest the rejected portion of the improvement. The applicant shall also submit to the City for its permanent file as-built drawings on mylar media of archival quality from which additional copies can be made.

C. All violations of this chapter shall be deemed a misdemeanor punishable by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, or by both fine and imprisonment. (Ord. 2190 Ch. VII, 1998).