Chapter 12.04


12.04.010    Permission required to excavate streets – Emergencies.

12.04.020    Compliance required for permit.

12.04.030    Application for permit.

12.04.040    Contents of permits.

12.04.050    Supervision of superintendent of public works.

12.04.060    Disposal of excavated materials.

12.04.070    Maximum length of open trench.

12.04.080    Restoration of site.

12.04.090    Provisions for traffic.

12.04.100    Failure to restore site.

12.04.110    Guarantee of work.

12.04.120    Excavation for gas service line.

12.04.130    Bond.

12.04.140    Permit fee – Inspection.

12.04.150    Tunneling.

12.04.160    Exceptions – Public works contracts.

12.04.170    Notice of completion – Delay.

12.04.180    Bond required.

12.04.190    Safety devices and barriers required.

12.04.010 Permission required to excavate streets – Emergencies.

It shall be unlawful for any person 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 in the city without first having obtained written permission as herein provided: provided, however, that in case of an emergency occurring outside the 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 superintendent of public works or city engineer who may thereupon grant permission to make the necessary excavations upon the express condition that an application for a permit be made in the manner herein provided, on or before noon of the next following business day. (Ord. 712 § 1, 1963).

12.04.020 Compliance required for permit.

(1) The public works director shall grant such permit only upon compliance with terms and conditions set forth in POMC 12.04.020 through 12.04.100.

(2) No permit shall be issued under this chapter for work which requires cutting or excavating the paved surface of any street, alley, or other public place for a period of five years from the completion of construction, resurfacing, or reconstruction of that surface; except that this prohibition shall not apply to:

(a) Emergency repairs that could not have been anticipated or are necessary for the protection of the public’s health and safety; or

(b) Work necessary to ensure continued service delivery to an agency’s or utility’s existing customer; or

(c) Work for new utility services where no other reasonable means of providing service to a building exists; or

(d) Work that is mandated by city, state, or federal legislation; or

(e) Work deemed by the public works director to be in the best interests of the city.

Any approved work that requires cutting or excavating of the paved surface of any street, alley, or other public place within the five-year period from the completion of resurfacing or reconstruction of that surface requires a waiver, as a function of permit approval from the city; and the permittee must restore the pavement according to the currently adopted City of Port Orchard Public Works Engineering Standards and Specifications for pavement restoration. (Ord. 002-19 § 1; Ord. 712 § 2, 1963).

12.04.030 Application for permit.

The party requesting such permit shall make application in writing and at the same time file with the engineer 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 city engineer and superintendent of public works shall thereupon examine such application and plat and if the same shall be approved and a proper performance bond filed, as hereinafter provided, the superintendent of public works may thereupon issue a permit. (Ord. 712 § 2A, 1963).

12.04.040 Contents of permits.

The 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 the permit and the length of time allowed for the completion thereof. The permittee shall further require 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 restoring the surface as hereinafter provided. (Ord. 712 § 2B, 1963).

12.04.050 Supervision of superintendent of public works.

The acts and work permitted under such permit, and the restoration to its former condition of the street, alley, pavement or improvement, shall at all times be performed under the supervision and control of the superintendent of public works, but at the sole cost and expense of the permittee. (Ord. 712 § 2C, 1963).

12.04.060 Disposal of excavated materials.

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 superintendent of public works. All such excavations shall be backfilled with approved materials and shall be fairly compacted by water or mechanical tamping. (Ord. 712 § 2D, 1963).

12.04.070 Maximum length of open trench.

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 superintendent of public works. (Ord. 712 § 2E, 1963).

12.04.080 Restoration of site.

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 back filling and after completion of compaction. A concrete saw shall be used to cut all pavement so as to produce a reasonable square and true edge without spalling or cracking into adjacent pavement. (Ord. 712 § 2F, 1963).

12.04.090 Provisions for traffic.

If the superintendent of public works so elects, all excavated materials of intersections shall be removed and disposed of and planks placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times. (Ord. 712 § 2G, 1963).

12.04.100 Failure to restore site.

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 travelling 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 the permit, the superintendent of public works shall, if he deems it advisable, cause such work to be done by the city or any other in order to return such street, alley, pavement, improvement or place to its origin 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 herein provided. 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 the bond. (Ord. 712 § 2H, 1963).

12.04.110 Guarantee of work.

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. (Ord. 712 § 2I, 1963).

12.04.120 Excavation for gas service line.

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 private property to which gas is introduced or furnished by the service line shall thereafter cease to be occupied 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 the service line to prevent further flow of gas to the structure or facilities, or, upon written demand of the superintendent of public works, take such similar action. Upon completion of such work, including the capping of the line, the same shall be reported to the superintendent of public works 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. (Ord. 712 § 2I, 1963).

12.04.130 Bond.

The superintendent of public works 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 to be charged to and paid by the permittee and/or the sureties of his performance bond. The bond shall be an amount not less than the anticipated cost of the work to be done. (Ord. 712 § 2J, 1963).

12.04.140 Permit fee – Inspection.

The fee for such permit for any excavation, as defined in POMC 12.04.010, and for the time consumed by city employees for the determination of other utilities and mains in the area to be affected, to approve the site, to inspect the actual excavation or tunneling, to inspect the material and methods used in the backfill and to approve the finished work and record it in the as-built plans maintained by the city, shall be as established in the city’s current fee resolution; however, if the excavation is other than routine and requires performance of services or incurrence of expense by the city over and above that set forth or contemplated in the basic fee, such extra services along with the actual cost of materials, supplies and attendant handling or transportation charges to the city, if any, shall be charged to and paid by the permittee over and above the fee hereinabove set forth. (Ord. 020-18 § 2; Ord. 735 § 1, 1964; Ord. 726 § 1, 1964; Ord. 712 § 3, 1963).

12.04.150 Tunneling.

The permittee shall tunnel under the street surface wherever practicable and unless prevented from doing so because of obstructions or the length of the pipe, line or job being performed. Before breaking the surface of the street, the superintendent of public works shall be contacted to determine that tunneling is, in fact, impracticable. (Ord. 735 § 11, 1964; Ord. 726 § 1, 1964; Ord. 712 § 3, 1963).

12.04.160 Exceptions – Public works contracts.

This chapter shall not apply to public works contracts, work performed under a local improvement district, or work performed by the city. (Ord. 735 § 1, 1964; Ord. 726 § 1, 1964; Ord. 712 § 3, 1963).

12.04.170 Notice of completion – Delay.

Such permit shall be issued in triplicate and one copy thereof shall be forthwith filed with the chief of police, and one copy with the clerk, who shall also be notified when the street, alley or other improvements shall be restored to their former condition as required by this chapter. Immediately upon the completion of the acts or work allowed under such permit, written notice thereof shall also be given to the superintendent of public works by the permittee. (Ord. 020-18 § 3; Ord. 712 § 4, 1963).

12.04.180 Bond required.

The applicant for any such permit, prior to the issuance thereof as herein provided, shall execute and deliver unto the city and file with its clerk a performance bond in such amount as shall be fixed by the superintendent of public works with sureties to be approved by the clerk, which bond or any additional bond and/or separate liability insurance coverage shall also provide that the applicant will keep and save the city harmless from any and all claims, liabilities, judgments, loss, damages, and expenses arising from any acts which said permittee may do under the permit, or which may be done by any of his agents, servants, representatives or employees in excavating 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. 712 § 5, 1963).

12.04.190 Safety devices and barriers 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 superintendent of public works and the police department of the city and failure to do shall constitute a violation of this chapter. (Ord. 712 § 6, 1963).