Division I. Road Standards

Chapter 12.05
GENERAL CONSIDERATIONS*

Sections:

12.05.005    Purpose.

12.05.010    Development guidelines adopted.

12.05.020    Applicability.

12.05.030    Responsibility to provide roadway improvements.

12.05.040    General references.

12.05.070    Road plans.

12.05.080    Variances.

12.05.090    Financial guarantees.

12.05.100    Indemnification/liability insurance.

*Prior legislation: Ords. 19, 50 and 98-176.

12.05.005 Purpose.

The city has adopted the road design standards in this chapter primarily for a two-fold purpose:

A. To set forth specific, consistent road design elements for developers and other private parties constructing or modifying road or right-of-way facilities which require city licenses or permits; and

B. To establish uniform criteria to guide the city’s construction of new city roads or reconstruction of existing roads.

In addition, the road standards are intended to support the city’s goals of achieving affordable housing, providing adequate facilities for development in an efficient manner, and complying with stormwater management and sensitive area policies, and to balance these goals with the general safety and mobility needs of the traveling public.

In adopting the road standards, the city has sought to encourage standardization of road design elements where necessary for consistency and to assure so far as practical that motoring, bicycling, equestrian, and pedestrian public safety needs are met. Considerations include safety, convenience, pleasant appearance, proper drainage, and economical maintenance. The standards also provide requirements for the location and installation of utilities within the right-of-way. The city’s permitting and licensing activities require the adoption of specific, identifiable standards to guide private individuals and entities in the administrative process of procuring the necessary city approval. Yet, the city must have needed flexibility to carry out its general duty to provide streets, roads, and highways for the diverse and changing needs of the traveling public. Accordingly, these standards are not intended to represent the legal standard by which the city’s duty to the traveling public is to be measured.

These standards cannot provide for all situations. They are intended to assist but not to substitute for competent work by design professionals. It is expected that land surveyors, engineers, and architects will bring to each project the best of skills from their respective disciplines. These standards are also not intended to limit unreasonably any innovative or creative effort which could result in better quality, better cost savings, or both. Any proposed departure from the standards will be judged, however, on the likelihood that such variance will produce a compensating or comparable result, in every way adequate for the road user and city resident. (Ord. 2000-211 Exh. A).

12.05.010 Development guidelines adopted.

A. The city adopts the city of Newcastle public works standards (August 2000) as the road standards for the city.

B. The city’s public works standards may be referred to in this chapter as the “standards.” “Standard drawings” shall refer to the drawings contained in the city’s public works standards as adopted in this chapter.

C. The director of public works is authorized to adopt administratively minor changes to the standard drawings to better implement the standards or allow for changes in road design and construction technology and methods occurring after the effective date of the ordinance codified in this section. (Ord. 2009-411 § 1; Ord. 2000-223 § 1; Ord. 2000-211 Exh. A).

12.05.020 Applicability.

A. These standards shall apply prospectively to all newly constructed road and right-of-way facilities, both public and private, within the city. In the event of conflict with NMC Title 17, Site Development, these standards shall control.

B. The standards apply to modifications of roadway features of existing facilities which are within the scope of reconstructions, required off-site road improvements for land developments, or capital improvement projects when so required by the city or to the extent they are expressly referred to in project plans and specifications. These standards are not intended to apply to “resurfacing, restoration, and rehabilitation” projects as those terms are defined in the Local Agency Guidelines, WSDOT, as amended; however, the engineer may at his discretion consider the standards as optional goals.

C. The standards shall apply to every new placement and every planned, nonemergency replacement of existing utility poles and other utility structures within the city right-of-way. (Ord. 2000-211 Exh. A).

12.05.030 Responsibility to provide roadway improvements.

A. Any land development which will impact the service level, safety, or operational efficiency of serving roads or is required by other city code or ordinance to improve such roads shall improve those roads in accordance with these standards. The extent of off-site improvements to serving roads shall be based on an assessment of the impacts of the proposed land development by the city.

B. Any land development abutting and impacting existing roads shall improve the frontage of those roads in accordance with these standards. Urban residential short plats creating only one additional lot to a tax lot with an existing dwelling unit are exempt from providing urban type street improvements but are subject to shoulder improvements provided these improvements are consistent with the surrounding roads.

C. Any land development that contains internal roads shall construct or improve those roadways to these standards.

D. A subdivision shall not be recorded unless there exists a recorded continuous public access to the subdivision. The city shall not accept a road for maintenance until the road is directly connected to a city or other publicly maintained road.

E. All road improvement and development projects shall include pedestrian access as a part of the design. Where existing roadways are to be modified, pedestrian facilities shall be as described in these standards. (Ord. 2000-211 Exh. A).

12.05.040 General references.

The standards implement and are intended to be consistent with:

A. Newcastle codes and ordinances, as amended, including, but not limited to:

1. The surface water management policies and programs;

2. The building and construction standards;

3. The fire code;

4. The subdivision regulations;

5. The comprehensive plan;

6. The zoning code;

7. The traffic code.

B. Implementing guidelines on drainage hereafter are referred to as the “surface water design manual.” (Ord. 2000-211 Exh. A).

12.05.070 Road plans.

Plans for roads and road drainage shall be prepared and submitted consistent with these standards and in accordance with the standards identified in the standard drawings. These requirements shall apply to public or private roads whether constructed by private party or public agency. (Ord. 2000-211 Exh. A).

12.05.080 Variances.

A. Variances from these standards may be granted by the engineer upon evidence that such variances are in the public interest and that requirements for safety, function, fire protection, appearance and maintainability based upon sound engineering judgement are fully met. Variance requests for subdivisions should be proposed at preliminary plat stage and prior to any public hearing. Variances must be approved prior to approval of the engineering plans for construction. Any anticipated variances from these standards which do not meet the Uniform Fire Code shall also require concurrence by the fire marshal.

B. Application for Variance. Application for a variance shall be filed with the city engineer in writing and shall be accompanied by an appropriate fee as established by resolution, to pay for the cost of processing the application and the costs of publishing and posting the required public notices. All applications shall be accompanied by a current copy of the King County assessor’s record showing the legal owners of all property within 300 feet of the requested variance area. All applications shall contain a statement as to why the variance is necessary, and why it would meet the criteria of this chapter. The application shall also contain scaled drawings of the variance area, abutting roads, and all property within 300 feet thereof. (Ord. 2000-211 Exh. A).

12.05.090 Financial guarantees.

Developers and contractors performing work within the public right-of-way or publicly owned easement(s) shall satisfy the following two financial requirements:

A. The developer or contractor shall furnish a performance surety, approved as to surety by the director and as to form by the city attorney, which shall be conditioned upon faithful completion of that portion of the work performed pursuant to the permit, and which shall require completion by the city should the developer or the contractor default. The amount of the surety shall be in accordance with the bonding schedule contained in the standards as approved by the city engineer. The city engineer shall review and provide approval, as may be applicable, of the submitted amount.

All work on private road and storm drainage facilities required as a condition of a city approval shall be guaranteed by a performance surety at the time of plat recording.

B. The developer or the contractor shall furnish a maintenance surety, approved as to surety by the director and as to form by the city attorney, which shall be conditioned upon faithful maintenance of all work for a two-year prior from the time of inspection and final acceptance of the work by the city. (Ord. 2000-211 Exh. A).

12.05.100 Indemnification/liability insurance.

A. Hold Harmless Clause. The developer shall indemnify and hold harmless the city and the city engineer, and their agents and employees, from and against all claims, damages, losses, and expenses for bodily injury, sickness, disease, or death, or for injury or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and including attorney’s fees. arising out of or resulting from the performance of the work and shall, after reasonable notice, defend and pay the expense of defending any suit and pay any judgment resulting from any such suit; provided, that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or by any other action giving rise to strict liability of the developer, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

In any and all claims against the city or city engineer, or any of their agents or employees, by any employee of the developer, any subcontractor. anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages or compensation under workman’s compensation acts, disability benefit acts, or other employee’s benefit acts.

The obligations of the developer under this article shall not include the sole negligence of the city or city engineer.

B. Developer’s Public Liability and Property Damage Insurance. The developer shall not commence work until he has furnished evidence (in duplicate copy) of insurance required hereunder, and such insurance has been approved by the city; nor shall the developer allow any contractor or subcontractor to commence work on his contract or subcontract until the same insurance requirements have been complied with by such contractor or subcontractor. Approval of the insurance by the city shall not relieve or decrease the liability of the developer thereby.

Companies writing the insurance under this section shall be authorized to do business in the state of Washington.

The developer shall maintain, during the life of the permit or approval, comprehensive general and automobile liability insurance, as detailed herein. The insurance shall include the city as an additional named insured. All insurance policies shall be endorsed to provide that the policy shall not be canceled or reduced in coverage until after 10 days’ prior written notice, as evidenced by return receipt or registered letter has been given to the city.

Comprehensive general property damage liability insurance shall include:

1. Premises and operations;

2. Developer’s protective liability;

3. Products liability, including completed operations coverage;

4. Contractual liability;

5. Broad form property damage.

Comprehensive automobile bodily injury and property damage shall include:

1. All owned automobiles;

2. Non-owned automobiles;

3. Hired automobiles.

The insurance coverages listed above shall protect the developer from claims for damages for bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the developer’s obligation to enforce the requirements of this section as respects any contractor or subcontractor.

Comprehensive general automobile liability insurance shall provide coverage for both bodily injury and property damage, as follows:

1. Comprehensive general and automobile bodily injury liability insurance on an occurrence basis of not less than $1,000,000 for bodily injury, sickness or disease, including death resulting therefrom, sustained by each person; and for limits of not less than $1,000,000 for each occurrence.

2. Comprehensive general property damage liability insurance on an occurrence as is for limits of not less than $1,000,000 for damage to or destruction of property, including loss of use thereof, arising from each occurrence, and in an amount of not less than $1,000,000 in aggregate.

3. Comprehensive automobile property damage liability insurance on an occurrence basis for limits of not less than $1,000,000 for damage to or destruction of property, including loss of use thereof, arising from each occurrence.

Comprehensive liability insurance shall include the city and city engineer as an additional named insured.

Comprehensive general property damage liability insurance shall include liability coverage for damage to or destruction of property of other, including loss of use of property damaged or destroyed, and all other indirect and consequential damage for which liability exists in connection with such damage to or destruction of property of others, and shall include coverage for:

(“X”’) Injury to or destruction of any property arising out of blasting or explosion;

(“C”) Injury to or destruction of any property arising out of the collapse of/or structural injury to any building or structure due:

1. To excavation. including borrowing, filling or backfilling in connection therewith; or tunneling, pile driving, coffer-dam work or caisson work; or

2. To moving. shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof.

(“U”) 1. Injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property or any apparatus in connection therewith. below the surface of the ground, if such injury or destruction is caused by and occurs during the use of mechanical equipment for the purpose of excavating or drilling; or

2. Injury to or destruction of property at any time resulting therefrom.

There shall be included in the liability insurance, contractual coverage sufficiently broad to insure the provisions of “hold harmless clause.”

Nothing contained in these insurance requirements is to be construed as limiting the extent of the developer’s responsibility for payment of damages resulting from his operations under this contract.

In the event the developer is required to make corrections on the premises after the work has been inspected and accepted, he shall obtain, at his own expense, and prior to commencement of any corrective work, full insurance coverage, as specified herein.

The developer shall furnish, upon request by the city, certified copies of the insurance policy or policies within two weeks of the city’s request.

C. Compensation and Employer’s Liability Insurance. The developer shall maintain workmen’s compensation insurance or, as may be applicable, maritime workmen’s insurance, as required by state or federal statute for all of his employees to be engaged in work under the permit and, in case any such work is sublet, the developer shall require the contractor or subcontractor similarly to provide workmen’s compensation insurance or maritime workmen’s insurance for all of the latter’s employees to be engaged in such work. The developer’s labor and industries account number shall be noted in the application.

In the event any class of employees engaged in work at the site of the work is not covered under the workmen’s compensation insurance or maritime workmen’s insurance, as required by state and federal statute, the developer shall maintain and shall cause each contractor or subcontractor to maintain employer’s liability insurance with a private insurance company for limits of at least $100,000, each person, and $300,000, each accident, and furnish satisfactory evidence of same. (Ord. 2000-211 Exh. A).